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Commencement of Business:
Section III (1) provides that a public company which has issued a prospectus cannot commence business or exercise any borrowing powers unless:-
a) the minimum subscription has been raised; and
b) every director of the company has paid to the company on each of the shares taken or contracted to be taken by him and for which he is liable to pay in cash, the proportion payable equal to a proportion to, on application and allotment on the shares offered for public subscription; and
c) no money is or may become liable to be repaid to applicants for any shares or debentures which have been offered for public subscription by reason of any failure to apply for or to obtain permission for the shares or debentures to be dealt in on any stock exchange; and
d) Therefore there has been delivered to the registrar of registration a statutory declaration by the secretary or one of the directors, in Form No.211, that the aforesaid conditions have been complied with.
Nemo Dat Quod Non Habet - Goods Therefore another common law maxim such applies to sale of goods is like "nemo dat quod non habet": whether a person cannot give such he does
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