Section 14. Application for incorporation

  1. A person who desires to form a company shall apply for incorporation to the Registrar.

  2. A company shall not be formed for any unlawful purpose.

  3. The application for incorporation under this section shall include a statement by every person who desires to form a company containing the following particulars:

    • the name of the proposed company;

    • the status of whether the company is private or public;

    • the nature of business of the proposed company;

    • the proposed address of the registered office of the proposed company;

    • the name, identification, nationality and the ordinary place of residence of every person who is to be a member of the company and, where any of these persons is a body corporate, the corporate name, place of incorporation, registration number and the registered office of the body corporate;

    • the name, identification, nationality and the principal place of residence of every person who is to be a director;

    • the name, identification, nationality and the principal place of residence of the secretary, if any;

    • in the case of a company limited by shares, the details of class and number of shares to be taken by a member;

    • in the case of a company limited by guarantee, the amount up to which the member undertakes to contribute to the assets of the company in the event of its being wound up; and

    • any other information as the Registrar may require.

  4. The application for incorporation shall be accompanied by a statement from each promoter or director confirming—

    • his consent to act as a promoter or to his appointment as a director, as the case may be; and

    • that he is not disqualified under this Act to act as a promoter or a director, as the case may be.

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