SMP_Companies Act

Companies Act Guide

The SAICA guide to the Companies Act 71 of 2008 has been released. 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 exclusive SAICA branded launch edition of the Guide has been produced to offer added value and comes in a handy A5 ring binder with additional free value added offerings. The launch edition of the Guide includes 2 free SAICA-branded pocket books containing the Companies Act and the Regulations, including the forms on CD, as well as a free DVD covering 16 episodes of the "Companies Act Made Easy" series that was aired on Summit TV and hosted by Ewald Muller. The DVD includes discussions with various industry experts including Advocate Rory Voller (Deputy Commissioner - CIPC), Eric Levenstein (Partner at Werksmans attorneys), Dr Johan Erasmus (Partner at Deloitte) and various other experts.


Guide Sample View Here
Companies Act product set, launch edition View Here
Purchase Launch Edition of the Companies Act product set Purchase Here
PDF version (for members only - please note you have to log in to the SAICA website to download) Download PDF

Disclaimer:
The purpose of the documents placed on this website is to provide guidance on various issues in respect of the 2008 Act which have arisen in practice. It is not possible for these documents to provide full guidance on all aspects of the 2008 Act, or even to consider all aspects of the matters discussed herein fully. Thus, a review of these documents cannot substitute for a thorough reading and understanding of the entire 2008 Act. As these documents address some matters which are open to different interpretations, readers of this documents are advised to apply their own judgment to any particular circumstance and to seek further professional advice where appropriate. Please note that these documents are not legal opinions, and only serve as SAICA's interpretation of these issues. 


Important Documents and Links

Documents

Amendment of the Companies Act Regulation - 5 February 2014 Download PDF
Amendment of the Companies Act Regulation, 2011 - 20 August 2013 Download PDF
Companies Act No 71 of 2008 Download PDF
Maatskappywet No 71 van 2008 Laai PDF af
Companies Act Regulations 2011 - Under Companies regulations 2011 Download PDF

Additional Information

17 March 2015 Updated guidance and frequently asked questions on Section 90(2) of the Companies Act, 2008 Download PDF
11 March 2016 IOD General Guidance note: Directors duties Download PDF
29 February 2016 Media release on auditor rotation as required in the Companies Act Download PDF
5 February 2016 Frequently asked questions on the submission of audited financial statements to CIPC Download PDF
7 January 2014 Companies Act Regulations applicable to Companies Download PDF
7 January 2014 Summary of financial reporting standards, audit and review and persons eligible to do audit / review in terms of the Companies Act, 2008 Download PDF
28 November 2013 Steps taken by SAICA and the final outcome: The application of section 90 of the Companies Act, 2008 Download PDF
18 November 2013 (section 90) Communication regarding monitoring of compliance - Section 90(2)(b) of the Companies Act Download PDF
18 November 2013 (section 90) Second legal opinion on section 90(2)(b), Adv Trengrove (SC) Download PDF
18 November 2013 (section 90) Feedback on impact analysis Download PDF
18 November 2013 (section 90) Frequently asked questions Download PDF
1 October 2015 Frequently asked questions on the disclosure of directors’ and prescribed officers’ remuneration Download PDF
22 August 2013 Media release on Amendment of MOI forms by the dti Download PDF
20 August 2013 Amendment of Companies Act Regulation Download PDF
14 May 2013 Guidance on section 90 of the Companies Act, 2008 Download PDF
17 April 2013 Sample of Memorandum of Incorporation (MOI) Download PDF
7 March 2013 Feedback from the Companies Tribunal Download PDF
7 March 2013 CIPC Business rescue feedback Download PDF
7 March 2013 Less than two months to amend your company's MOI Download PDF
13 December 2012 Section 90(2) Status of Impact Analysis Download PDF
24 October 2012 Further communication to members regarding Section 90(2) of the Act Download PDF
24 October 2012 Brief to council Download PDF
24 October 2012 Legal opinion on Section 90(2) of the Act Download PDF
9 September 2012 Communication to members regarding Section 90(2) of the Act Download PDF
20 August 2012 Resolutions for voluntary winding up of a company or a close corporation Download PDF
3 May 2012 Social and Ethics Committee Download PDF
1 December 2011 Amendments to the Memorandum of Incorporation Download PDF
23 November 2011 Cabinet appointments Download PDF
14 July 2011 Disqualification of auditors Download PDF
30 June 2011 Approval for Directors remuneration Download PDF
15 June 2011 Summary of financial reporting standards, audit and review and persons eligible to do audit/review in terms of the Companies Act, 2008 Download PDF
2 June 2011 Summary of Financial assistance to directors Download PDF
Companies Act Regulations applicable to Companies Download PDF
Summary of Financial Reporting Standards, audit and review Download PDF
2008 List of alterable provisions in the Companies Act Download PDF

CIPC

The CIPC released the following additional information to assist in the application and implementation of the Companies Act.

The CIPC can issue guidance to the public by issuing explanatory notices outlining its procedures or publishing non-binding opinions on the interpretation of any provisions of the Act in terms of section 188(2)(b) of the Companies Act, 2008.
For a full list of notices, Non-Binding opinions, Explanatory notes, Guidance notes and Practice notes issued by the CIPC please visit this page.