Section 30
Circumstances in which company ceases to be, or to enjoy privileges of, private company
(1)
If a company, being a private company, alters its articles in such manner that they no longer include the provisions which, under section 29, are required to be included in the articles of a company in order to constitute it a private company, the company shall, as on the date of the alteration, cease to be a private company and shall, within a period of 14
days after the said date, deliver to the Registrar for registration a prospectus or a statement in lieu of prospectus in the form and containing the particulars set out in Schedule 2.
(2)
If default is made in complying with subsection (I), the company and every officer of the company who is in default is guilty of an offence and liable on conviction to a default fine of $500.
(3)
Where the articles of a company include the provisions aforesaid but default is made in complying with any of those provisions, the company shall cease to be entitled to the privileges and exemptions conferred on private companies under the provisions contained in sections 3 1, 109(3) and 129(1), and thereupon those provisions apply to the company as if it were not a private company:
Provided that the Court, on being satisfied that the failure to comply with the conditions was accidental or due to inadvertence or to some other sufficient cause, or that on other grounds it is just and equitable to grant relief, may, on the application of the company or any other person interested and on such terms and conditions as seem to the Court just and expedient, order that the company be relieved from such consequences as aforesaid.
REDUCTION OF NUMBER OF MEMBERS
BELOW LEGAL MINIMUM
Prohibition of carrying on business with fewer than seven or, in case of private company, two members 31.
If at any time the number of members of a company is reduced, in the case of a private company, below two or, in the case of any other company, below seven, and it carries on business for more than 6 months while the number is so reduced, every person who is a member of the
Companies
CAP. 39 49
company during the time that it so carries on business after those 6 months and is cognisant of the fact that it is carrying on business with fewer than two members or seven members, as the case may be, shall be severally liable for the payment of the whole debts of the company contracted during that time and may be severally sued therefor.
CONTRACTS ETC.