Sri Lanka Consolidated Acts

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Companies Act (No. 17 of 1982) - Sect 175

Secretary

175.
(1) With every memorandum delivered for registration in accordance with the provisions of section 14, there shall be delivered, within such period as may be prescribed, a statement in the prescribed form containing the names and relevant particulars of-
(a) the person who is, or the persons who are, to be the first director or directors of the company ; and
(b) the person who is, or the persons who are, to be the first secretary or joint secretaries of the company."
(2) The relevant particulars referred to in subsection (1) shall be with respect to a person named as director, secretary, or as one of the joint secretaries, the particulars which by the provisions of subsection (1) of section 194 are required to be contained in the register kept under the provisions of that section.
(3) The statement required by the provisions of sub section (1) shall be signed by or on behalf of the subscribers of the memorandum and shall contain a consent signed by each of the persons named in it as a director; as secretary or as one of the joint secretaries to act in their respective capacity.
(4) Where the memorandum is delivered by a person as agent for the subscribers of the memorandum, the statement required by this section shall specify that fact and the name and address of that person.
(5) The persons named in the statement referred to in subsection (1) as the director or directors, secretary or joint secretaries of a company shall, on the incorporation of the company, be deemed to have been respectively appointed as the first director or directors, secretary or joint secretaries of the company; and any appointment by any articles delivered with the memorandum of a person as director or secretary of the company shall be void unless he is named as a director or as secretary in the statement.
(6) Where a statement complying with the requirements of this section is not delivered as required by subsection (1) with any memorandum delivered for registration in accordance with the provisions of section 14, the Registrar shall not register the memorandum or any articles delivered with it.


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