Companies act 71 of 2008 regulations pdf download

The companies act 71 of 2008 the act was signed into law on 8 april 2011 and its commencement date was 1 may 2011. Amendment act or the regulations where applicable, otherwise any reference to a section in general means that it is in reference to the companies act, 2008, or the act. This paper entitled capital rules in terms of the companies act no. This dissertation shall analyse the origin and development of share buyback rules in south african law, and critically analyse the manifestation of this rule in act 71 of 2008 as it is embodied is section 48. The companies act, no 71 of 2008 an explanatory guide pdf, published by the department of trade and industry.

It furthermore proposes the transformation of three existing company law entities, namely the takeover regulation panel, the financial reporting. Mgi bass gordon zawpcontentuploads201603companiesact2008. Acts online provides legislation, including amendments and regulations, in an intuitive, online format. Amendment of the companies act regulation, 2011 102kb pdf 5 february 2014. Act to provide for the development, promotion and maintenance of standardisation and quality in connection with commodities and the rendering of related.

Primary market sales and chapter 4 of the companies act 71 of. Market sales and chapter 4 of the companies act 71 of 2008 may 21, 2015. The new companies act introduced fundamental changes to south african company law. Promote compliance with the bill of rights as provided for in the constitution in the application of company law. Promote the development of the south african economy by. We are the leading resource for freely available legislation in south africa and are used daily by thousands of professionals and industry leaders. This act is called the companies act, 2008, and comes into operation on a date. Guide to companies act directorno 71 of 2008s guide 20. The minister of trade and industry has, in terms of section 223 and item 14 of schedule 5 of the companies act, published the companies regulations. Fundamental transactions and their regulation by the. For guidance, the developers looked to south african company law for the 21st century. On 1 may 2011, the companies act 71 of 2008 came into effect, replacing the companies act 1973 and amending the close corporations act of 1984.

Introduction although any mention of the windingup or liquidation of a business enterprise has the tendency to attract negative sentiments in the commercial world, the voluntary windingup of a solvent company remains a useful and practical tool for businesses to achieve certain defined outcomes. The new companies act, which was promulgated in 2009 and has been effective since may 2011, rewrites south african law completely. Treasury regulations means any regulation made under the public. This is the share buyback provision, which allows companies to acquire shares in themselves. Continued investigation and enforcement of previous act 14. These regulations may be cited as the companies regulations, 2011. Recent case law decided under the 2008 act has confirmed that the act contains only a partial, and not a full, codification of all.

Definitions in section 1 of the act apply equally to the regulations. Part i interpretation interpretation 21in this act, a articles means the articles of association of a company, as originally framed or as altered by special resolution, and includes, so far as they apply to the company, the regulations made. Companies amendment bill 2018 cliffe dekker hofmeyr. The draft regulations are released for further stakeholder engagement, and in preparing.

The topic is motivated by the recent change in our company. Preexisting companies on 1 may 2011 every preexisting company, that was formed in terms of the. Companies act, 2008 which will then supersede and replace its existing memorandum and articles of association, especially if it wishes to tailor the alterable provisions and does not wish to be bound by the default provisions housed under the act. Guidelines for corporate law reform may 2004, a policy document developed by the department of trade and industry the dti. The company does business in the rsa while remaining primarily regulated by its country of origin or registration regulation 20 sets out requirements for.

Schedule 5 of the companies act 2008 has made a transitional arrangement that chapter 14 of the old companies act will continue to apply with respect to the windingup and liquidation of companies as if that act had not been repealed. This guide includes information on matters that are practical and relevant to saica members and other individuals in business who engage with company law. The act was signed by the president on 8 april 2009, but implementation was deferred to accommodate necessary amendments. This information should be considered in conjunction with the act itself. The new act and regulations became effective on 1 may. With acts you are guaranteed the latest and most up to date resource for your legislative needs. Nothing in this document should be construed as professional advice.

The companies act 61 of 1973 the previous act was repealed on 1 may 2011. Understanding the new companies act pwc south africa. Notes on the guide to companies act no 71 of 2008 this guide is intended as an easy reference, pocketsized guide for directors, shareholders, company officers and any other stakeholder who has an interest in corporate law reform. Companies amendment act 3 of 2011 act to provide for the incorporation, registration, organisation and management of companies, the capitalisation of profit companies, and the registration of offices of.

Standards act no 8 of 2008 department of trade and. Companies act 71 of 2008 english text signed by the president assented to. The companies act 2008 does not define the meaning of a solvent company or an insolvent company. The companies and intellectual property commission, would like to advise customers that the extension of the national lockdown w automated services as from 1 april 2020 only fully automated services see notice 20 on the indicated channels that will be available to the publi. Request pdf on may 31, 2016, piet delport and others published henochsberg on the companies act 71 of 2008 find, read and cite all the research you need on researchgate.

Amendment of the companies act regulation, 2011 5 february 2014. The enactment of s724 and s5 of the companies act, no. Henochsberg on the companies act 71 of 2008 request pdf. Schedule 5 of the act sets out the transitional arrangements, which are summarised as follows. The new act and regulations became effective on 1 may 2011. Companies act no 71 of 2008 western cape government. The saica guide to the companies act 71 of 2008 has been released. Definitions applicable to this part, part c and takeover regulations 118. Companies act 2008 summary of transitional arrangement. Amendment of the companies act regulation, 2011 20 august 20companies act no 71 of 2008 maatskappywet no 71 van 2008 companies amendment act, no 3 of 2011 companies regulations, 2011 pages 1 107 companies regulations, 2011 pages 108 212 companies regulations, 2011 pages 2 320.