Amendments no. 40-2013
| Author | Suzanne Ffolkes Goldson |
| Profession | Attorney-at-Law and Senior Lecturer in the Faculty of Law at The University of the West Indies, Mona |
| Pages | 1-33 |
The Companies (Amendment) Act, 2013 [No. 40]
1
JAMAICA
[L.S.]
No.
40-
2013
I assent,
PATRICK
LINTON
ALLEN,
Governor-General.
30th day
of
December, 2013
AN
ACT
to Amend the Companies Act to prescribe a single
form for business registration; to make consequential
amendments to other enactments; and for related matters.
[ 30th December, 2013.]
BE
IT ENACTED by
The
Queen's Most Excellent Majesty, by and
·
with
the
aµvice
and
consent
of
the
Senate
and
House
of
Representatives
of
Jamaica, and by the authority
of
the same, as
follows:-
1. This
Act
may
be
cited as the Companies (Amendment) Act, Short title and
2013, and shall be read and construed as one with t
he
Companies construction.
Act
(hereinafter
referred
to
as
the
"p
rincipal
Act")
and
all
amendments thereto.
[No. 40] The Companies (Amendment) Act, 2013
2
Amendment
of
sec1ion
2
of
principal
Act.
Amendment
of
section 3
of
principal
Act
2. Section 2
of
the principal Act is amended by inserting next
after subsection (5) the
following-
" (6) Where rules made under section 393(2)(b)
require
or
permit articles
of
incorporation, forms, returns,
notices
or
other documents to be sent to the Registrar, to be
created, stored
or
communicated electronically, rt!ferences
in this Act to signing shall, in relation thereto, include the
use
of
electronic signatures.".
3. Section 3
of
the principal Act is amended
by
deleting subsection
(I)
and substituting therefor the
following-
" (1) One
or
more persons may form a company
by-
(a) signing and sending to the
Registrar-
(i) articles
of
incorporation;
(ii) an application
in
the form set
out as Form BRF 1
in
the
Sixteenth
Sixteenth Schedule; and
Schedule. (b)
otherwise
complying
with
the
requirements
of
this Act in respect
of
registration.".
Repeal
and
4. Section
13
of
the principal
Act
is repealed and the following
replacement
of
substituted
therefor-
section
13
of
principal
Act.
..
Certificate of 13. A certificate
of
incorporation given by the
..
.
incor:
Registrar in respect
of
any company shall be
porauon
to
)
be
con- conclusive evidence that all the requirements
of
this Act
in
respect
of
registration and
of
matters
evidence. d d .
'd
l h h b
prece
ent
an
mc1
enta
t
ereto
ave
een
complied with, and that the company is authorised
to be registered and has been duly registered under
this Act.".
Amendment
of 5. Section I 06
of
the principal Act is
amended-
section I
06
of
principalAct. (a) in subsection (1), by inserting
next
after
the
word
"addressed"
the words "and notice
thereof
shall
be
The Companies (Amendment) Act, 2013 [No. 40]
3
included in the form set out
as
Form BRF 1 in the Sixteenth
Schedule"; and
(b) by deleting subsection (2) and substituting therefor the
following-
" (2) Notice
of
any change in the situation
of
a registered office, shall be given to the Registrar
in the prescribed form within fourteen days
of
any
change in such situation; and the Registrar shall
record the change
or
cause the
change
to
be
recorded.
(2A) The inclusion in the annual return
of
a
company
of
a statement
as
to the address
of
its
registered office shall not be taken to satisfy the
obligation imposed by subsection (2).".
6. Section 172 ( 6)
of
the principal Act is amended
by
deleting Amendment
or
the
word
"fifteen"
and
substituting
there for the word "fourteen".
7. Section
183
of
the principal Act is amended by
deleting-
( a) paragraph (a) and substituting therefor the
following-
"(
a) in the case
of
an individual-
(i) his Christian name; ·
(ii) his surname;
(iii) his usual address;
(iv) his nationality, and
if
that nationality is
not
the
nationality
of
origin
,
his
nationality
of
origin;
(v) his business occupation,
if
any, or,
if
he has no business occupation but holds
any other directorship
or
directorships,
particulars
of
that directorship
or
of
some one
of
those directorships;"; and
Amendment
of
section
18
3
of
principal Act.
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