Companies Act, 71 of 2008

Last Updated Tuesday, July 28, 2015 01:33:48 PM

Companies Act, 71 Of 2008

The SAICA 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.

  • To view a sample of the guide, please open the flipbook
  • View the brochure of the launch edition of the Companies Act product set (including all the additional free components)

Companies Act productsThe guide is available from the following links:

Buy the launch edition of the Companies Act product set (including all the additional free components)
Download the pdf version
(for members only - please note you have to log in to the SAICA website to be able to download this)

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. 

Companies Act, No 71 of 2008

The Companies Act no. 71 of 2008 was signed by the President on 8 April 2009 and gazetted in Gazette No. 32121 (Notice No. 421). The Act replaces the Companies Act, 61 of 1973 and came into effect on 1 May 2011.

Companies Amendment Act, No 3 of 2011

The Companies Amendment Bill (B 40 - 2010) was tabled in Parliament on 9 November 2010. The Bill was published in the Government Gazette for public comment and public hearings were held on 30 November and 1 December 2010. The Bill proposed the amendment of the Companies Act, No 71 of 2008 to correct errors, legal-technical and grammatical issues. The Companies Amendment Bill was approved by the Portfolio Committee on Trade and Industry on 10 March 2011.

The Companies Amendment Act No.3 of 2011 was assented by the presidency and was published on Government Gazette 34243 on 26 April 2011. This Amendment Act need to be read together with the Companies Act, No 71 of 2008 as no consolidated version is available yet.

Companies Regulations, 2011

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. These regulations became effective on 1 May 2011, at the same time that the Companies Act No 71, 2008, became effective.

Case law

Companies Tribunal

The Companies  Tribunal is a body established under the Companies Act.  It adjudicates on several cases and applications made in terms of the Companies Act and serves as a forum for the voluntary resolution disputes. To access the Tribunal website click here.
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