Part 6 — Management and Administration Division 1 Membership
88 Division 2 Directors Director appointed by articles or named in prospectus, etc.
public company by the articles, and shall not be named as a director
or proposed director of a public company in any prospectus filed by
or on behalf of the company, unless, before the registration of the
articles or the issue of the prospectus, as the case may be, the
person has, by himself or herself or by his or her agent authorized
in writing,
(a) either signed the article s by which the person is so
appointed, or the prospectus in which the person is so
named or signed and filed with the Registrar a consent in
writing to act as a director, and
(b) either signed the memorandum for a number of shares not
less than his or her qualification, if any, or filed with the
Registrar proof that the person holds the qualification
shares, if any, or an undertaking in writing signed by the
person in the presence of a witness to take from the
company and pay for the qualification shares, if any.
(2) When a person is appointed a director of a company by the
articles, the person's undertaking under subsection (1)(b) shall be
deemed to take effect as a contract with the company forthwith
after its certificate of incorporation is issued.
(3) When a person is so appointed or named, any consent or
undertaking required by subsection (1) shall be filed with the
Registrar at the same time as the document in which the person is
so appointed or named.
RSA 2000
(4) A company or person who names a director in any prospectus
without the consent of the person named is guilty of an offence.
(5) This section applies in the case of a prospectus issued in
relation to an intended company, or by or on behalf of any person
who is or has been engaged or interested in the formation or
promotion of a company or in the organization of the company.
RSA 1980 cC-20 s88