- 2 Marks
Question
“Statements made in a share certificate, especially where the certificate bears the common seal of the company, shall be absolute or unassailable evidence of the title of the person named in the Certificate.”
Required:
Explain if the above statement is the true position of the law in terms of the provisions of the Companies Act, Act 992.
(2 marks)
Answer
Statements made in a share certificate under the common seal of the company or as certified by two directors and the Company Secretary of the company, are prima facie evidence of the title to the shares of the person named in the certificate as the registered holder and of the amounts of money paid and payable on the certificate.
Section 56 of the Companies Act, 2019 (Act 992) affirms that the above statement is indeed the true position of the law. Therefore, the statements made in a share certificate are considered strong legal evidence of ownership and the details contained therein, making the certificate a critical document in establishing the rights of the shareholder named within.
(2 marks)
- Tags: Companies Act, Company Law, Legal Evidence, Ownership of Shares, Share Certificates
- Level: Level 1
- Topic: Contract Law, Types of capital and the financing of companies
- Series: MAR 2024
- Uploader: Dotse