Section 38 - Rectification of register

(1) A person aggrieved, a member of the company, or the company, may apply to the Court for rectification of the register where

(a) the name of a person is, without sufficient cause, entered in or omitted from the register of members of a company, or

(b) default is made in entering on the register any of the particulars which, under section 35, are required to be entered on the register.

(2) Where an application is made under subsection (1), the Court may refuse the application or may order rectification of the register and payment by the company of compensation for the loss sustained by the aggrieved party.

(3) Where an application is made under subsection (1), the Court may decide a question relating to the entitlement of a person who is a party to the application to have the name of that person entered in or omitted from the register, whether, the question arises

(a) between members or alleged members, or

(b) between members or alleged members on the one hand and the company on the other hand;

and generally the Court may decide a question necessary or expedient to be decided for rectification of the register.

(4) A company may, without application to the Court, at any time rectify an error or omission in the register of members, but the rectification shall not adversely affect a person unless that person agrees to the rectification made.