Republic of Namibia 9 Annotated Statutes Posts and Telecommunications Companies Establishment Act 17 of 1992 as may, subject to the provisions of subsection (2), be determined by the Minister with the concurrence of the Minister of Finance. (2) Should the nominal value plus any premium payable in respect of the number of shares determined in terms of subsection (1) by the Minister(a) to be issued in the postal company or in the telecommunications company, be less than the net asset value of the enterprise concerned, an amount equal to that difference shall be credited to a loan account in favour of the holding company in the books of account of the postal company or the telecommunications company, as the case may be; (b) to be issued in the holding company, be less than the aggregate of the net asset value of the postal enterprise and the telecommunications enterprise plus the net value of any assets transferred to the holding company by virtue of the provisions of section 4(4), an amount equal to that difference shall be credited to a loan account in favour of the State in the books of the holding company. (3) Any loan account created in terms of subsection (2)(a) or (b) shall bear interest at such rate and be repayable at such time or times and by such instalments as may be determined (a) in the case of a loan account due to the holding company, by the directors of the holding company; (b) in the case of a loan account due to the State, by the Minister. (4) The shares issued in terms of subsection (1) shall be allotted and issued at the time and on the conditions which the Minister, with the concurrence of the Minister of Finance, may determine. (5) The shares issued in terms of subsection (1) shall have such nominal value and shall be issued at such premium, if any, as the Minister, with the concurrence of the Minister of Finance, may determine and shall be issued as fully paid by the transfer to the successor company concerned of assets and liabilities with a net asset value equal to the nominal value of the shares plus any such premium and, if applicable, the amount credited to a loan account established in terms of subsection (2)(a) or (b). (6) Any dividends received by the State in respect of shares in the holding company shall be paid into the State Revenue Fund. (7) No stamp duty shall be paid by a successor company in respect of the issue of shares in terms of this Act. (8) No money shall be paid by a successor company in terms of section 75 of the Companies Act in respect of any increase in the capital of such company. (9) The State shall not alienate any shares or rights to shares in the holding company, and the holding company shall not issue any shares in such company to any person other than the State. (10) The holding company shall not alienate any shares or rights to shares in the postal company or the telecommunications company, and neither of those two companies shall issue any of its shares to any person other than the holding company.

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