SMP_Companies ActCompanies 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 |
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Companies Act product set, launch edition |
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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) |
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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 |
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Amendment of the Companies Act Regulation, 2011 - 20 August 2013 |
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Companies Act No 71 of 2008 |
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Maatskappywet No 71 van 2008 |
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Companies Act Regulations 2011 - Under Companies regulations 2011 |
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Additional Information
17 March 2015 |
Updated guidance and frequently asked questions on Section 90(2) of the Companies Act, 2008 |
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11 March 2016 |
IOD General Guidance note: Directors duties |
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29 February 2016 |
Media release on auditor rotation as required in the Companies Act |
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5 February 2016 |
Frequently asked questions on the submission of audited financial statements to CIPC |
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7 January 2014 |
Companies Act Regulations applicable to Companies |
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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 |
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28 November 2013 |
Steps taken by SAICA and the final outcome: The application of section 90 of the Companies Act, 2008 |
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18 November 2013 (section 90) |
Communication regarding monitoring of compliance - Section 90(2)(b) of the Companies Act |
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18 November 2013 (section 90) |
Second legal opinion on section 90(2)(b), Adv Trengrove (SC) |
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18 November 2013 (section 90) |
Feedback on impact analysis |
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18 November 2013 (section 90) |
Frequently asked questions |
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1 October 2015 |
Frequently asked questions on the disclosure of directors’ and prescribed officers’ remuneration |
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22 August 2013 |
Media release on Amendment of MOI forms by the dti |
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20 August 2013 |
Amendment of Companies Act Regulation |
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14 May 2013 |
Guidance on section 90 of the Companies Act, 2008 |
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17 April 2013 |
Sample of Memorandum of Incorporation (MOI) |
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7 March 2013 |
Feedback from the Companies Tribunal |
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7 March 2013 |
CIPC Business rescue feedback |
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7 March 2013 |
Less than two months to amend your company's MOI |
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13 December 2012 |
Section 90(2) Status of Impact Analysis |
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24 October 2012 |
Further communication to members regarding Section 90(2) of the Act |
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24 October 2012 |
Brief to council |
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24 October 2012 |
Legal opinion on Section 90(2) of the Act |
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9 September 2012 |
Communication to members regarding Section 90(2) of the Act |
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20 August 2012 |
Resolutions for voluntary winding up of a company or a close corporation |
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3 May 2012 |
Social and Ethics Committee |
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1 December 2011 |
Amendments to the Memorandum of Incorporation |
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23 November 2011 |
Cabinet appointments |
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14 July 2011 |
Disqualification of auditors |
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30 June 2011 |
Approval for Directors remuneration |
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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 |
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2 June 2011 |
Summary of Financial assistance to directors |
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|
Companies Act Regulations applicable to Companies |
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|
Summary of Financial Reporting Standards, audit and review |
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2008 |
List of alterable provisions in the Companies Act |
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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.