45 Form 9 – Certificate of incorporation of private company

Form 9 − Certificate of incorporation of private company

Section 16(4) of the Act provides that on registration of the memorandum the Registrar shall certify under his hand and seal that a company is on and from the date specified in the certificate incorporated, and that the company is:

(a) A company limited by shares;

(b) A company limited by guarantee;

(c) A company limited both by shares and guarantee; or

(d) An unlimited company,

As the case may be, and where applicable, that is a private company.

The effect of the Certificate of Incorporation of Private Company is stated in Section 16(5) of the Act that from the date of incorporation specified in the certificate of incorporation but subject to the Act the subscribers to the memorandum of the company shall be a body corporate by the name contained in the memorandum.

The company or body corporate is capable of exercising all the functions under its own name of an incorporated company and of suing and being sued and having perpetual succession and a common seal with power to hold land.

A sample of Form 9

Activity 1.9
Question to Activity 1.9 Suggested answers to activity 1.9


BCS 202/05 Corporate Compliance Management Copyright © 2011 by Wawasan Open University. All Rights Reserved.


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