Section 248: Registration of amalgamation proposal

248. Registration of amalgamation proposal (1) For the purpose of effecting an amalgamation, the documents specified in subsection (2) shall be delivered to the Registrar for registration. C35 – 149 [Issue 5] Companies Act (2) The documents to be delivered under subsection (1) shall be— (a) the approved amalgamation proposal; (b) any certificate required under section 246 (2) or 247 (5); (c) a certificate signed by the Board of each amalgamating company stating that the amalgamation has been approved in accordance with this Act and the constitution of the company, if it has one; (d) where the amalgamated company is a new company or the amalgamation proposal provides for a change of the name of the amalgamated company, a copy of the notice reserving the name, if any, of the company; (e) a certificate signed by the Board, or proposed Board, of the amalgamated company stating that, where the proportion of the claims of creditors of the amalgamated company in relation to the value of the assets of the company is greater than the proportion of the claims of creditors of an amalgamating company in relation to the value of the assets of that amalgamating company, no creditor shall be prejudiced by that fact; (f) a document in a form approved by the Registrar, signed by each of the persons named in the amalgamation proposal as a director or Secretary of the amalgamated company consenting to act as a director or Secretary of the company, as the case may be. [S. 248 amended by s. 4 (e) of Act 21 of 2006 w.e.f. 1 October 2006; s. 5 (l) of Act 27 of 2012 w.e.f. 22 December 2012.]