What happens to a close corporation if the accounting officer insists that he has not consented to his appointment as accounting officer of the close corporation?
This implies that the letter of consent was obtained fraudulently and that appropriate steps can be taken through the office of the Commercial Crime Unit of the South African Police Services. In terms of section 59(3) of the Close Corporations Act the corporation should within 14 days appoint another accounting officer. If the office of the accounting officer is vacant for a period of six months or longer, any person who was a member during that period and is aware of the vacancy shall be personally liable for every debt incurred while the vacancy existed. Since the accounting officer did not consent to being appointed, the liability also exists for the period from the fraudulent appointment.