Government Gazette 20091222-32832 Part2 - LexisNexis South Africa

STAATSKOERANT, 22 DESEMBER 2009NO.32832 195COMPANIES REGUIATIONSDRAFT FOR PUBUC COMMENT 21 DECEMBER 2009Form CoR 16.1(8) : Long Standard Form Memorandum of Incorporation fur a Profit CompanyRegulation 191is subject to the conditions, limitations, or restrictions set out in Part A ofSchedule 3.__ does not apply with respect to any shares of the Company.(4) The authority of the Company's Board of Directors to authorise the Company toprovide financial assistance in relation to the subscription of any option or securitiesof the Company or a related or inter-related company, as set out in section 44 ­__ is not limited or restricted by this Memorandum of Incorporation.is limited or restricted to the extent set out in Part B of Schedule 2.(5) The authority of the Company's Board of Directors to approve the issuing of anyauthorised shares of the Company as capitalisation shares, to issue shares of oneclass as capitalisation shares in respect of shares of another class, and to resolve topermit shareholders to elect to receive a cash payment in lieu of a capitalisationshare, as set out in section 47 (1) -is not limited or restricted by this Memorandum of Incorporation.is limited or restricted to the extent set out in Part C of Schedule 2.(6) Shares of the Company are to be issued -in uncertificated form, as contemplated in section 49 (2)(b).in either certificated or uncertificated form, as the Board may determine.2.2 Debt instruments(1) The authority of the Company's Board of Directors to authorise the company to issuesecured or unsecured debt instruments, as set out in section 43 (2) -is not limited or restricted by this Memorandum of Incorporation.is limited or restricted to the extent set out in Part D of Schedule 2.(1) The authority of the Company's Board of Directors to grant special privilegesassociated with any debt instruments to be issued by the company, as set out insection 43 (3) -is not limited or restricted by this Memorandum of Incorporation.is limited or restricted to the extent set out in Part D of Schedule 2.2.3 Registration of beneficial interestsThe authority of the Company's Board of Directors to allow the Company's issuedsecurities to be held by, and registered in the name of, one person for the beneficialinterest of another person, as set out in section 56 (1)-is not limited or restricted by this Memorandum of Incorporation.