Section 33, The Companies Act, 2009

(1) The Commission shall register the memorandum andarticles unless in its opinion– (a) they do not comply with the provisions of this Act; (b) the business which the company is to carry on, or the objects for which it is formed, or any of them, are illegal; (c) any of the subscribers to the memorandum is incompetent or disqualified in accordance with section 17; (d) there is non-compliance with the requirement of any other enactment as to registration and incorporation of a company. (2) Where the Commission refuses to register the memorandum and articles of association, it shall, within 14 days give notice in writing to the applicant of its decision. (3) Any person aggrieved by the decision of the Commission under subsection (1) shall appeal to the High Court within 30 days of the receipt of the decision. 22 23 Documents of incorporation. of memorandum and articles. No. 5 Companies Act 2009 No. 5 Companies Act 200924 25 (4) The Commission may, in order to satisfy itself as provided in paragraph ( c) of subsection (1) in writing require a person subscribing to the memorandum to make and lodge with the Commission, a statutory declaration to the effect that he is not disqualified under section 17 from forming or joining in a company.