The Companies Act No. 17 of 2015

Section 514 of The Companies Act No. 17 of 2015: Enforcement of prohibition: power of Court to make remedial orders

(1) An order is a remedial order for the purpose of this section if it is made in order to place a person affected by a contravention of section 511 in the position in which the person would have been in had the contravention not occurred.
(2) If a private company has—
(a) allotted securities as a result of an offer to the public; or
(b) allotted or agreed to allot securities with a view to their being offered to the public,
a remedial order may require any person knowingly concerned in the contravention of section 511 to offer to purchase any of those securities at such price and on such other terms as the Court considers appropriate.
(3) A remedial order may be made—
(a) against any person knowingly concerned in the contravention, whether or not an officer of the company concerned;
(b) irrespective of anything in that company’s constitution that includes, for this purpose, the terms on which any securities of the company are allotted or held; and
(c) whether or not the holder of the securities subject to the order is the person to whom that company allotted or agreed to allot them.
(4) If a remedial order is made against the company itself, the Court may make such order reducing the company's capital as appears to it to be appropriate.
(5) Subsections (2) to (5) do not limit in any way the Court's power to make a remedial order.

Check the current authoritative text and amendment history before relying on this provision.

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