Question Tag: Share Qualification

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What TWO (2) conditions apply where the regulations of a company require share qualification? (10 marks)

  • Where the Regulations require share qualification, every director must obtain the specified share qualification within two (2) months after his appointment or within such shorter period as may be fixed by the Regulation. If he fails to do so or after the expiration of that period, he ceases to hold his qualification. (5 marks)
  • If a company at any time amends its Regulations so as to introduce or increase the requirement of a share qualification, every director holding at the date of such alteration shall have two (2) months thereafter to obtain his qualification and shall not vacate his office unless he fails to do so. (5 marks)

Explain briefly whether a share qualification is part of the necessary prerequisites for the appointment as director in a company. (5 marks)

Reference is to be made to Section 183(1) of Act 179. The said section states that unless the company’s Regulations otherwise provide, it is not necessary for a director to be a member of a company or to hold shares therein as a qualification for his appointment. (5 marks)