70
Government Gazette 16 November 2009
Act No. 8, 2009
No. 4378
COMMUNICATIONS ACT, 2009
(a)
with the object of obtaining all rights necessary for the purposes of
administering the .na name space;
(b)
for the purpose of assuming responsibility for the .na domain name
space as from a date determined by the Minister by notice in the
Gazette.
Incorporation of Association
104.
(1)
The Minister must, within 12 months of the date of
commencement of this Act, take all steps necessary for the incorporation of the
Association as a not for profit company under the laws regulating companies in
Namibia.
(2)
All citizens and permanent residents of Namibia are eligible for
membership of the Association and must be registered as members upon application
and on payment of a nominal fee to cover the cost of registration of membership and
without having to comply with any formality.
Association’s memorandum and articles of association
105.
(1)
The memorandum of association and articles of association of
the Association must be consistent with this Chapter.
(2)
Notwithstanding any law relating to companies, an amendment to the
memorandum of association or articles of association affecting any arrangement made
by any provision of this Chapter, does not have any legal force and effect unless the
Minister has consented in writing to such an amendment, which consent may not be
withheld unreasonably.
(3)
No fee is payable in respect of the reservation of the name of the
company, the registration of the said memorandum and articles and the issue of the
certificate to commence business.
(4)
The memorandum and articles of association of the Association may,
amongst others, provide for –
(a)
the rules for the convening and conducting of meetings of the Board,
including the quorum required for and the minutes to be kept of those
meetings;
(b)
the manner in which decisions are to be made;
(c)
the establishment of any division of the Authority to perform specialised
functions;
(d)
the establishment and functioning of committees, including a
management committee;
(e)
the co-opting by the Board or a committee of any person to assist
the Association or committee in the consideration of any particular
matter;
(f)
the preparation by the Board of an annual business plan in terms of
which the activities of the Association are planned annually;