CRITICAL LEGAL APPRAISAL OF COMPANY DISSOLUTION BY DEREGISTRATION IN TANZANIA

Abstract

This paper critically examines company dissolution by deregistration in Tanzania, shedding light on inherent conflicts and challenges within the current legal framework. It highlights the implications of dissolution by deregistration on dormant, defunct, and active companies, emphasising the need for legal clarity and procedural safeguards.The analysis examines challenges faced by the dissolution by deregistration framework in Tanzania mainland, encompassing issues of conclusiveness of the certificate of incorporation, dual punishment, internal contradictions within the Companies Act, restrictions on shareholders' freedom, and potential interference in internal affairs of the Company by the Registrar of Companies.The primary conclusion derived from the analysis underscores the need for legislative amendments to effectively address the identified challenges. Recommendations put forward advocate for the repeal and amendments of specific sections of the Companies Act to ensure a just and equitable framework for company deregistration in Tanzania.