Section 76 CAMA 2020
Section 76 Companies and Allied Matters Act is about Application for re-registration of a public company as an unlimited company. It is under Chapter 2 (Re-registration Of Companies) of PART B (Incorporation of Companies and Incidental Matters) of the Act.
Application for re-registration of a public company as an unlimited company
(1) An application for re-registration of a public company as an unlimited company shall contain a statement of the company’s proposed name on re- registration.
(2) The application shall be accompanied by—
(a) the prescribed form of assent to the company’s being re-registered as an unlimited company, authenticated by or on behalf of all the members of the company ; and
(b) a copy of the company’s memorandum and articles as proposed to be amended.
(3) The statement of compliance required to be delivered together with the application is a statement that the requirements of this Part as to reregistration as an unlimited private company have been complied with.
(4) The statement shall contain a statement by the directors of the company—
(a) that the persons by whom or on whose behalf the form of assent is authenticated constitute the whole membership of the company ; and
(b) if any of the members has not authenticated that form himself, that the directors have taken all reasonable steps to satisfy themselves that each person who authenticated it on behalf of a member was lawfully empowered to do so.
(5) The Commission may accept the statement of compliance as sufficient evidence that the company is entitled to be re-registered as an unlimited company.
