ABSTRACT

Unfortunately, exactly which shareholder decisions and agreements fall into the final sub-bullet point is not clear. This is an important issue because all constitutional documents, decisions and agreements must be registered with the registrar of companies, are available for public scrutiny (s 30), and must be sent to a member on request (s 32) with criminal liability for the company and every officer in default arising in the event of non-compliance. Some shareholders’ agreements fall within s 29 and therefore must be registered and some do not. Shareholders’ agreements are discussed at section 5.7 below.