Section 26, The Companies Act, 2009

(1) Subject to subsection (3), the Commission may exempta company limited by guarantee from the requirements of section 25 relating to the use of “limited” as part of its name. 14 15 Form of memorandom. Name as stated in memorandum. Exemption from requirement of using “limited” as part of name. (2) Subject to subsection (3), an existing company which at the commencement of this Act did not include “limited” as part of its name by virtue of a licence under section 19 of the Companies Act may be exempted from the requirements of section 25. (3) A company shall, in order to be exempted from the requirements of section 25 satisfy the Commission that– (a) the objects of the company are, or in the case of a company about to be registered are to be, the promotion of commerce, art, science education, religion, charity or any profession, and any thing incidental or conducive to any of those objects; and (b) the company’s memorandum or articles- (i) require its profits (if any) or other income to be applied in promoting its objects; (ii) prohibits the payment of dividends to its members, and (iii) require all the assets which would otherwise be available to its members generally to be transferred on its winding up either to another body with objects similar to its own or to another body the objects of which are the promotion of charity and anything incidental or conducive thereto (whether or not the body is a member of the company). (4) The company shall deliver to the Commission a statutory declaration made– (a) in the case of a company to be formed, by a legal practitioner engaged in its formation or by a person named as director or secretary in the statement delivered under subsection (2) of section 32; (b) in the case of a company proposing to change its name so that it ceases to have the word “limited” as part of its name, by a director or secretary of the company. (5) A company which is exempted from the requirements relating to the use of “limited” and does not include that word as part of its name, is also exempted from the requirements of this Act relating to the publication of its name and the sending of lists of members to