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Particulars to be delivered with memorandum.
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3.—(1) There shall be delivered to the registrar together with every memorandum of a company delivered to him pursuant to section 17 of the Principal Act a statement in the prescribed form containing the name and the particulars specified in subsection (2) of this section in relation to—
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(a) the persons who are to be the first directors of the company,
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(b) the person who is, or the persons who are, to be the first secretary or joint secretaries of the company, and
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(c) the situation of the company's registered office.
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(2) The particulars referred to in subsection (1) of this section are—
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(a) in relation to a person named as director of the company concerned all particulars which are, in relation to a director, required pursuant to section 195 (2) of the Principal Act to be contained in the register kept under that section,
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(b) in relation to a person named as secretary, or as one of the joint secretaries, all particulars which are, in relation to the secretary or to each joint secretary, required pursuant to section 195 (4) of the Principal Act to be contained in the register kept under that section, and
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(c) in relation to the registered office of the company, the particulars which are required to be given to the registrar pursuant to section 113 of the Principal Act.
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(3) The statement required to be delivered pursuant to this section shall be signed by or on behalf of the subscribers and shall be accompanied by a consent signed by each of the persons named in it as a director, secretary or joint secretary to act in that capacity.
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(4) Where the memorandum is delivered to the registrar pursuant to section 17 of the Principal Act by a person as agent for the subscribers to the memorandum the statement required to be delivered to the registrar pursuant to this section shall so specify and shall specify the name and address of the person by whom the memorandum is delivered.
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(5) The persons who are specified in the statement required to be delivered to the registrar pursuant to this section as the directors, secretary or joint secretaries of the company to which the statement refers shall, on the incorporation of the company, be deemed to have been appointed as the first directors, secretary or joint secretaries, as the case may be, of the company, and any indication in any articles delivered to the registrar with the memorandum specifying a person as a director or secretary of a company shall be void unless such person is specified as a director or as secretary in the said statement.
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(6) The registrar shall not register any memorandum delivered to him for registration pursuant to section 17 of the Principal Act or any articles delivered to him with the memorandum unless a statement complying with the requirements of this section is delivered to him with the memorandum.
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