Law library · Sierra Leone · The Companies Act, 2009
Section 116, The Companies Act, 2009
In forceThe Companies Act, 2009, Sierra Leone
(1) Where a company agrees to accept for its sharesotherwise than wholly in cash, it shall appoint an independent valuer
who shall determine the true value of the consideration other than
cash and prepare and submit to the company a report on the value of
the consideration.
(2) The valuer shall be entitled to require from the officers
of the company such information and explanation as he thinks
necessary to enable him carry out the valuation or make the report
under subsection (3).
(3) The company shall, not more than three days after
the receipt by it of the valuer’s report, send a copy of it to the proposed
purchaser of shares, and indicate to the proposed purchaser whether
or not it intends to accept the consideration as payment or part
payment for its shares by the valuer as worth at least as much as may
be credited as paid up in respect of the shares allowed to the proposed
purchaser.
(4) A company shall not accept as payment or partpayment for its shares consideration other than cash, unless the
cash value of the consideration as determined by the valuer is worth
at least as much as may be credited as paid-up in respect of the
shares allowed to the proposed purchaser.
(5) A valuer who, in his report or otherwise, knowingly or
recklessly makes a statement which is misleading, false or deceptive
in a material particular shall be guilty of an offence and be liable to
imprisonment for a term not exceeding 12 months or to a fine not
exceeding Le8,000,000 or both such imprisonment and fine.
(6) A valuer shall be paid by the company and the buyer
of the shares such amount as may be agreed upon.
(7) For the purposes of this section “valuer” means an
auditor, a valuer, a surveyor or an accountant not being a person in
the employment of the company nor an agent or associate of the
company or any of its directors or officers
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