P. Trimborn Agency CC (CT20OCT2015), Ex parte [2015] ZANCT 43 (24 November 2015)

P. Trimborn Agency CC (CT20OCT2015), Ex parte [2015] ZANCT 43 (24 November 2015)

The Tribunal found that the applicant, as a close corporation, is not recognized as a company under section 1 of the Companies Act unless it has been converted to a company. Therefore, section 72(5) and Regulation 43(2), which require the appointment of a Social and Ethics Committee, do not apply to the applicant. The application for exemption is dismissed as the statutory requirement does not exist for close corporations.

Citation
[2015] ZANCT 43
Parties
Applicant: P. Trimborn Agency CC
Court
National Consumer Tribunal
Jurisdiction
South Africa
Judgment Date
24 November 2015
Case Number
CT20OCT2015
Procedural Posture
Ex Parte Application / Decision on Application for Exemption
Outcome
Application for exemption from appointment of a Social and Ethics Committee dismissed.
Judges
K. Tootla
Legal Topics
Social and Ethics Committee, Public Interest Score, Companies Act Exemption
Commercial and Corporate Social and Ethics Committee Public Interest Score Companies Act Exemption

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

P. Trimborn Agency CC

Applicant

Procedural Posture

Ex Parte Application / Decision on Application for Exemption

Legal Issues

  1. 1 Does section 72(5) of the Companies Act 71 of 2008 apply to a close corporation seeking exemption from appointing a Social and Ethics Committee?
  2. 2 Is the applicant, as a close corporation, required to appoint a Social and Ethics Committee under the Companies Act and its regulations?

Ratio Decidendi

The Tribunal found that the applicant, as a close corporation, is not recognized as a company under section 1 of the Companies Act unless it has been converted to a company. Therefore, section 72(5) and Regulation 43(2), which require the appointment of a Social and Ethics Committee, do not apply to the applicant. The application for exemption is dismissed as the statutory requirement does not exist for close corporations.

Court Disposition

Application for exemption from appointment of a Social and Ethics Committee dismissed.

Orders

  • The application for exemption in respect of the appointment of a Social and Ethics Committee is dismissed.