Commonwealth Numbered Acts

COMPANIES ACT 1981 No. 89 of 1981 - SECT 33

PART III-CONSTITUTION OF COMPANIES

Division 1-Incorporation

33. (1) Subject to this Act, any 5 or more persons, or, where the company to
be formed will be a proprietary company, any 2 or more persons, associated for
any lawful purpose may, by subscribing their names to a memorandum and
complying with the requirements as to registration, form an incorporated
company.

(2) A company may be-

   (a)  a company limited by shares;

   (b)  a company limited by guarantee;

   (c)  a company limited both by shares and by guarantee;

   (d)  an unlimited company; or

   (e)  in the case of a mining company, a no liability company.

(3) Subject to sub-section (4)-

   (a)  an association or partnership consisting of more than 20 persons that
        has for its object the acquisition of gain by the association or
        partnership or individual members of the association or partnership
        shall not be formed unless it is incorporated under this Act or is
        formed pursuant to another Act or letters patent; and

   (b)  a person who participates in the purported formation of an association
        or partnership in contravention of paragraph (a) is guilty of an
        offence.

(4) Where a profession or calling is declared by the Ministerial Council by
notice published in the Gazette to be a profession or calling that may be
carried on by an unincorporated association or partnership consisting of not
more than the number of persons specified in the notice, an association or
partnership formed for the purpose of carrying on that profession or calling
and consisting of not more than that number of persons may carry on that
profession or calling notwithstanding that it is not incorporated under this
Act and is not formed pursuant to another Act or letters patent.