Section 13 - Application for incorporation

(1) An application for incorporation shall be made in the prescribed form and delivered to the Registrar.

(2) The application shall include

(a) the name of the company as required by section 21;

(b) an indication of the type of proposed company;

(c) the nature of the proposed business in the case of a company registered with an object;

(d) the address of the proposed registered office and principal place of business of the company in the Republic, the telephone number and the post office box, private mail bag or digital address of the registered office of the company;

(e) the electronic mail address and website of the company, if available;

(f) the following particulars of each subscriber:

(i) the date and place of birth;

(ii) the present full name and any former name;

(iii) the residential, occupational, postal and electronic mail addresses and telephone contact; and

(iv) the nationality;

(g) the following particulars of each proposed director of the proposed company:

(i) the present full name and any former name;

(ii) the particulars of any business occupation and other directorships held by the director as provided by section 215; and

(iii) the residential, occupational, postal and electronic mail addresses and telephone contact;

(h) a statutory declaration by each proposed director of the proposed company indicating that within the preceding five years, that proposed director has not been

(i) charged with or convicted of a criminal offence involving fraud or dishonesty;

(ii) charged with or convicted of a criminal offence relating to the promotion, incorporation or management of a company; or

(iii) declared insolvent or if that proposed director has been insolvent, the date of the insolvency and the particulars of that company;

(i) the consent of each proposed director;

(j) the following particulars of the proposed Company Secretary of the proposed company:

(i) the present full name and any former name;

(ii) the usual postal, occupational and electronic mail address;

(iii) the residential address in the case of an individual; and

(iv) the business occupation as provided by section 215;

(k) the following particulars of the proposed auditor of the proposed company:

(i) the present full name and any former name;

(ii) the postal and electronic mail addresses and telephone number;

(iii) the residential address in the case of an individual; and

(iv) the consent of the auditor;

(l) the following particulars of each subscriber for a proposed company with shares:

(i) the full name and any former or other name;

(ii) the date and place of birth;

(iii) the telephone number;

(iv) the nationality and proof of identity;

(v) the residential, postal or email address, if any;

(vi) place of work and position held;

(m) the following particulars in respect of each beneficial owner of the proposed company:

(i) the full name and any former or other name;

(ii) the date and place of birth;

(iii) the telephone number;

(iv) the nationality, national identity number, passport number or other appropriate identification and proof of identity;

(v) the residential, postal or email address, if any;

(vi) place of work and position held;

(vii) the nature of the interest including the details of the legal, financial, security, debenture or informal arrangement giving rise to the beneficial ownership; and

(viii) confirmation as to whether the beneficial owner is a politically exposed person;

(n) the following details in the case of a company that has shares:

(i) the amount of proposed stated capital, as defined in section 68;

(ii) the number of authorised shares of the company for each class; and

(o) in the case of a proposed company limited by guarantee the specified amount up to which the member undertakes to contribute to the assets of the company, in the event of the company being wound up while that person is a member or within a stipulated period after ceasing to be a member, for payment of the costs, charges and expenses of winding up, and the adjustments of the rights amongst members.

(3) The application shall be signed by the subscriber or each subscriber if more than one, for shares of the company by writing opposite the name of the subscriber, the number of shares the subscriber takes and the cash price payable for the shares and the subscriber shall take at least one share.

(4) The provisions of subsection (3) shall apply to an application for incorporation of a company that proposes to register a constitution.

(5) The application for incorporation may be effected by

(a) the delivery of the completed application form as required by subsection (2); or

(b) the delivery of the completed application form as required by subsection (2) accompanied with a proposed constitution.

(6) Without limiting the provisions of subsection (2), the applicant shall furnish the Registrar with appropriate evidence of the identity and place of residence of the applicant at the time of the delivery of the completed application form for incorporation.