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Is it still a statutory requirement for the name of a secretary of a public company to be stated on trade catalogues and trade circulars of the company?

Chapter 3 – Question 21

Written by Dr Adv. Leigh Hefer & Jayne Hunter-Rhys. COMPANY SECRETARY’S HANDBOOK (2021). Published by Genesis Corporate Services.

  1. In terms of Act 1973, the first names or the initials thereof and the surname of the secretary of a public company had to be stated on every trade catalogue, trade circular and a business letter bearing the company’s name.
  2. Section 268H(2) of Act 1973 provided that a company which failed to comply with this requirement was guilty of an offence.
  3. Any company, director, officer or person convicted of any offence referred to in section 268H were liable to be sentenced to a fine, as contemplated in section 441(1)(m) of Act 1973 as substituted by section 21(d) of Act 37 of 1999.
  4. Act 2008 is silent on this issue.
    Source: Section 268H of Companies Act 61 of 1973; section 441(1)(m) of Companies Act 61 of 1973 as substituted by section 21(d) of Act 37 of 1999

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