Question
Azine (Pty) Ltd was incorporated in 2000 with an authorised share capital that included 10 000 ClassAordinaryshareswithanominal(par)valueof200centseach.TheMemorandumof Incorporationofthecompanyhasneverbeenamendedsinceincorporation.Intermsofan empowermentdealenteredintobyAzine(Pty)Ltd,thecompanymustissue1000ordinary sharestoitsnewempowermentpartners.Thecompanyhas1000unissuedClassAordinary shares that the board intends
Azine (Pty) Ltd was incorporated in 2000 with an authorised share capital that included 10 000 ClassAordinaryshareswithanominal(par)valueof200centseach.TheMemorandumof Incorporationofthecompanyhasneverbeenamendedsinceincorporation.Intermsofan empowermentdealenteredintobyAzine(Pty)Ltd,thecompanymustissue1000ordinary sharestoitsnewempowermentpartners.Thecompanyhas1000unissuedClassAordinary shares that the board intends issuing for this purpose. Dineo, one of the directors, is concerned that the board does not have the authority to issue shares without approval by special resolution of the shareholders and that the Companies Act 71 of 2008 does not allow a company to issue par value shares and the issue of these shares may be a contravention of the Act.
Advise the board on Dineo's concerns and if any of these concerns are valid, how the board should or could deal with them.
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