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As enacted
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Part VII · Management and Administration Registered Office

128. Power of court to rectify register

Official English translation. Where it differs from the Sinhala or Tamil text, the Act itself says which text prevails.

(1)

Where—

(a)

the name of any person is without sufficient cause entered in or omitted from the share register of a company ; or

(b)

default is made or unnecessary delay takes place in entering on the register the fact of any person having ceased to be a shareholder, the person aggrieved or the company or any shareholder of the company, may make an application to the court for rectification of the register.

(2)

Where an application is made under this section, the court may order rectification of the register and payment by the company of any damages sustained by any party aggrieved.

(3)

On an application made under this section, the court may decide—

(a)

any question relating to the title of any person who is a party to the application to have his name entered in or omitted from the register, whether the question arises between shareholders or alleged shareholders or between shareholders or alleged shareholders on the one hand and the company on the other hand ;

and

(b)

any other question necessary or expedient to be decided for rectification of the register.

(4)

If the court makes an order directing the rectification of the register, the company shall within ten working days of the making of the order, deliver a copy of the order to the

Registrar.

(5)

Where a company fails to comply with the requirements of subsection (4)—

(a)

the company shall be guilty of an offence and be liable on conviction to a fine not exceeding one hundred thousand rupees ; and

(b)

every officer of the company who is in default shall be guilty of an offence and be liable on conviction to a fine not exceeding fifty thousand rupees.

Part VIII

Amalgamations

Part IX

Compromises with Creditors

Part X

Approval of Arrangements, Amalgamations, and Compromises by Court

Part XI

Provisions Relating to Offshore Companies

Part XII

Winding Up

Part XIII

Administrators Appointment of Administrator

Part XIV

Floating Charges

Part XV

Receivers and Managers

Part XVI

Registrar-General of Companies and Registration Appointment of Officers

Part XVII

Application of Act to Existing Companies

Part XVIII

Overseas Companies

Part XIX

Advisory Commission

Part XX

Companies Disputes Board

Part XXI

Offences Miscellaneous Offences

Part XXII

Miscellaneous Prohibition of Partnership with More Than Twenty Members

Part XXIII

Repeals and Amendments

Schedules