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South Africa Act or statute

Parliament of the Republic of South Africa

Companies Amendment Act, 2001

This Act amends the Companies Act, 1973 to allow electronic lodgement and access to required documents, provide for related fees, and further regulate a company’s acquisition of its own shares. Se…

advertisingamendmentamendmentscertificationcompany documentscompany filingsCompany lawcompany name changecompany recordscompany registrationcompany registrycompany sharescompliancecorporate communicationscorporate disclosurecorporate legislationcorporate recordscouponsdirector disclosuredirector statusdisclosuredocument accesselectronic communicationelectronic filingelectronic noticeelectronic recordselectronic transferfalse statementsfeesfilingsfinancial statementsmember noticesmember recordsmember registermonetary amountpaymentspostal noticeprospectusprospectus advertisingpublic offerspublic registry accesspublicationrecord keepingrecords managementregister of membersregistrar ordersrepealreportingreserve fundsservice by registered postshare acquisitionsshare capitalshare certificatesshare offersshare premiumsshare warrantstransfer of securities
Jurisdiction
South Africa
Structure
32 provisions
Citation
Act 35 of 2001
Dates
updated 3 Dec 2001
More statute details
Dates
updated 3 Dec 2001

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01

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“This Act amends the Companies Act, 1973 to allow electronic lodgement and access to required documents, provide for related fees, and further regulate a company’s acquisition of its own shares.”

This Act amends the Companies Act, 1973 to allow electronic lodgement and access to required documents, provide for related fees, and further regulate a company’s acquisition of its own shares. Section 1 is amended to expand several definitions and to treat certain specified acts as including electronic methods, subject to Gazette notice by the Registrar. Any person may inspect or get a copy/extract of certain converted documents through an electronic medium approved by the Registrar, subject to subsection (4) and payment of the prescribed fee; the section also says no fee is payable under subsections (1) or (1A). The Registrar may direct that money be transferred in another manner, including electronically. A document, form, return, or notice is not complete unless proof of payment of the required fees or other moneys has been delivered to or acknowledged by the Registrar. This section amends subsection (1), paragraph (bA) of section 1.5 of the principal Act by replacing it with new wording about reproducing records in the Companies Registration Office or the office of the Master.

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December 2001 No. 22885

This Act amends the Companies Act, 1973 to allow electronic lodgement and access to required documents, provide for related fees, and further regulate a company’s acquisition of its own shares.

Section 3

DECEMBER 2001

This section states that, on 3 December 2001, the Companies Amendment Act, 2001 amends section 126 of the Companies Act, 1973, as previously amended.

Section 3

04

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Source record from www.parliament.gov.za · updated 3 Dec 2001

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Showing 32 of 32 provisions

Substitution 24Amendment 4Repeal 3Short title
§ 3December 2001 No. 22885Amendment

This Act amends the Companies Act, 1973 to allow electronic lodgement and access to required documents, provide for related fees, and further regulate a company’s acquisition of its own shares.

3 December 2001 No. 22885 THE PRESIDENCY No. 1261 3 December 2001 It is hereby notified that the President has assented to the following Act, which is hereby published for general information:– No. 35 of 2001: Companies Amendment Act, 2001 AIDS HELPLINE: 0800-123-22 Prevention is the cure 2 No. 22885 GOVERNMENT GAZETTE. 3 DECEMBER 2001 Act No. 35,2001 COMPANIES AMENDMENT ACT, 2001 GENERAL EXPLANATORY NOTE: r I Words in bold type existing enactment.3. in square brackets indicate omissions from Words underlined with a solid line indicate insertions existing enactment:;. in (English text signed by the President.) (Assented to 28 November 2001.) To amend the Companies Act, 1973, so as to allow the electronic lodgement of and access to all documents which have been or are required to be lodged in terms of this Act; to provide for the payment of fees in respect of documents so lodged; to further regulate the acquisition by a company of its own shares; to amend certain obsolete provisions; and to effect certain textual alterations; and to provide for matters connected therewith. E IT ENACTED B follows:--- by the Parliament of the Republic of South Africa, as Amendment of section 1 of Act 61 of 1973, as amended by section 1 of Act 76 of 1974, section 1 of Act 64 of 1977, section 26 of Proclamation 234 of 1978, section 1 of Act 84 of 1980, section 1 of Act 83 of 1981, section 1 of Act 29 of 1982, section 1 of Act 31 of 1986, section 1 of Act 82 of 1992, section 1 of Act 35 of 1998 and section 2 of Act 37 of 1999 5
Section 3Verify source
§ 1Section 1 of the Companies Act, 1973 (hereinafter referred to as the principal Act),Substitution

Section 1 is amended to expand several definitions and to treat certain specified acts as including electronic methods, subject to Gazette notice by the Registrar.

1. Section 1 of the Companies Act, 1973 (hereinafter referred to as the principal Act), is hereby amended- (a) by the substitution in subsection ( I ) for the definition of ‘‘ ‘books or papers’ 10 and ‘books and papers’ ” of the following definition: “ “books or papers’ and ‘books and papers’ include accounts, deeds, writings, electronic data reduced to paper format and other documents;”; (6) by the insertion after the definition of “director” of the following definition: “ ‘electronic’ ~ncludes created, recorded, transmitted or stored in digital 15 or-other intangible form of electronic, optical or similar means;”; (c) by thesubstitution Ln subsection (1) for the definition of “prospectus” of the following definition: “ ‘prospectus’ means any prospectus, notice, circular, advertisement or other invitation, irrespective of whether it is done in non-electronic or 20 L an’, electronic manner, offering any shares of a company to the public;”; and (d) by the ilnsertion after subsection (1 of the following subsections: “(1A) Subject to subsection by any of the following words ( a ) ‘give notice’; (b) ‘issue, distribute, deliver or cause it to be done’; (c) (d) ‘lodge in the prescribed form’: ‘lodge’; Act No. 35,2001 (COMPANIES AMENDMENT ACT. 2001 ( e ) ‘lodge in the prescribed manner’; ‘lodge under cover of’; cf) ( g ) ‘notify in the prescribed form’; (h) ‘payment of prescribed fee’; ‘publish’; (i) ( j ) ‘regishation’; and i(k) ‘written application’, ,and any word or expression derived therefrom, must be regarded as :including all electronic methods of performing such acts. (IB) (a) Subsection (1A) shall not apply to a section of this Act until 1:he Registrar publishes a notice in the Gazette making it applicable to I:hat section. ( 6 ) Different dates may be determined by the Registrar in respect of the application of subsection (1A) to different sections of this Act.”. I 5 10 Amendment of section 9 of Act 61 of 1973, as amended by section 1 of Act 59 of 1978, section 2 of Act 29 of 1982 and section 2 of Act 70 of 1984 15
Section 1Verify source
§ 2Section 9 (of the principal Act is hereby amended-Substitution

Any person may inspect or get a copy/extract of certain converted documents through an electronic medium approved by the Registrar, subject to subsection (4) and payment of the prescribed fee; the section also says no fee is payable under subsections (1) or (1A).

2. Section 9 (of the principal Act is hereby amended- (a) by the insertion after subsection (1) of the following subsection: “(1A) Subject to subsection (4), any person may, on payment of the by the prescribed fee, through any electronic medium approved Registrar- l a ) inspect any document which has been lodged with the Registrar under tlnis Act and converted into electronic format; or (b) obtain a copy of or extract from any such converted document.”; and 20 2.5 (b) by the substitution in subsection (2) for the words following upon paragraph (bj of the following words: “no fee refe.rred to in subsection (1) or (IA) shall be payable.”. Amendment of section 10 of Act 61 of 1973, as amended by section 2 of Act 31 of 1986 30
Section 2Verify source
§ 3Section 10 of the principal Act is hereby amended-Substitution

The Registrar may direct that money be transferred in another manner, including electronically. A document, form, return, or notice is not complete unless proof of payment of the required fees or other moneys has been delivered to or acknowledged by the Registrar.

3. Section 10 of the principal Act is hereby amended- (a) by the substitution in subsection (1) for paragraph (c) of the following paragraph: “(c) in such other manner, including such electronic form of transfer of money, as the Registrar may direct.”; and (b) by the substitution for subsection (2) of the following subsection: “(2) No document, form, return or notice in respect of which any fee this Act, shall be complete unless proof of or payment is laid down under payment of the prescribed fee, additional fees (if any) or other moneys has been [delivered to] acknowledged as having been received by the R.egistrar.” . Amendment of section 15 d Act 61 of 1973, as amended by section 1 of Act 111 of 1976 and section 2 of Act 59 of 1978
Section 3Verify source
§ 4Section 1.5 of the principal Act is hereby amended by the substitution in subsectionSubstitution

This section amends subsection (1), paragraph (bA) of section 1.5 of the principal Act by replacing it with new wording about reproducing records in the Companies Registration Office or the office of the Master.

4. Section 1.5 of the principal Act is hereby amended by the substitution in subsection (1) for paragraph (bA) of the following paragraph: 35 40 4.5 “(bA) providing for the reproduction of any records in the Companies Registra- tion office or the office of the Master by microfilm, microcard, miniature photographic process, the conversion into electronic format in such a way as to allow such records to be reconverted without changing their original contents or any other process deemed suitable by the Minister;”. 50 6 No. 22885 GAZETTE, GOVERNMENT 3 DECEMBER 2001 Act No. 35,2001 COMPANIES AMENDMENT ACT. 2001 Amendment of section 46 of Act 61 of 1973, as amended by section 10 of Act 83 of 1981
Section 4Verify source
§ 5Section 46 of the principal Act is hereby amended bly the substitution for subsectionSubstitution

The Registrar must issue certain section 45 name-change orders in writing and send them by registered post, and the company or person concerned must comply within two months.

5. Section 46 of the principal Act is hereby amended bly the substitution for subsection (1) of the following subsection: “(1) An order under section 45 for the change of a name or translated name of a company or a shorten1:d form of a name or translated name of a company or a name referred to in section 43(2) shall be issued by the ]Registrar in writing and sent by registered post to the company at its registered oflice or postal address, or to the or her last-known address, and shall person referred to in section 43(2) at his require such company or such person to comply with the order within two months 10 from the date of its issue.”. 5 Amendment of section 50 of Act 61 of 1973, as amended by section 12 of Act 83 of 1981, section 1 of Act 29 of 1985 and section 4 of Act 35 of 1998
Section 5Verify source
§ 6Section 5 0 of the principal Act is hereby amended by the substitution in subsectionSubstitution

The company must show its name and registration number in specified notices, publications, and company documents, including electronic publications.

6. Section 5 0 of the principal Act is hereby amended by the substitution in subsection (1) for paragraph (c) of the paragraph: following 15 “(c) shall have its name and registration number m’entioned in legible characters in all notices and other official publications of the company, including notices or other official publications in electronic format, and in all bills of exchange, promissory note,;, endorsements, cheques, alnd orders for money or goods purporting to be signed by or on behalf of the company and in all letters, 20 delivery notes, invoices, receipts, and letters of credit of the company”. Amendment of section 63 of Act 61 of 1973, as amended by section 4 of Act 76 of 1974, section 3 of Act 29 of 1982, section 2 of Act 29 of 1985, section 4 of Act 31 of 1986 and section 2 of Act 78 of 1989
Section 6Verify source
§ 7Section 63 of theRepeal

The Registrar must register lodged memorandum and articles, seal the copy, and endorse the registration date and section 64 certificate; the Registrar may also change a registration number to fix duplications or serve another necessary or expedient maintenance purpose.

7. Section 63 of the Act principal is hereby amended- 25 ( a ) by the substitution for subsection (1) of the following subsection: “(I) If a memorandum and articles complying with the requirements of this Act together with [two copies] a copy thereof certified by a notary public as true [copies] a are lodged with the Registrar in the manner prescribed, he or she shall upon payment of the prescribed fee, register 30 seal on [one] such memorandum and articles, __ the copy [thereof], and endorse thereon the date of registration and the certificate provided for in section 64.”; a.nd (b) by the addition to subsection (4) of the following proviso: [impress] place his . . l a : Provided that the Registrar may change such registration number in 35 order to rectify duplications of such nulnbers or to achieve any other objective which it is necessary or expedient to achieve for maintenance of the register of companies”. the proper Repeal of sections 73A, 73B, 73C and 73D of Act 61 (of 1973
Section 7Verify source
§ 8Sections 73A, 73B, 73C and 73D of the principal Act are hereby repealed.Repeal

Sections 73A, 73B, 73C and 73D of the principal Act are repealed.

8. Sections 73A, 73B, 73C and 73D of the principal Act are hereby repealed. 40 Amendment of’ section 76 of Act 61 of 1973, as amended by section 5 of Act 76 of 1974, section 3 of Act 82 of 1992 and section 6 of Act 37 of 1999
Section 8Verify source
§ 9Section 76 of the principal Act is hereby amended by the substitution for subsectionSubstitution

A non-banking company that issues shares at a premium must transfer the premium amount to a share premium account.

9. Section 76 of the principal Act is hereby amended by the substitution for subsection (1) of the following subsec1:ion: “(1) Where a company which is not a banking institution in terms of the Banks 45 Act, [1965 (Act No. 23 of 1965)] 1990 (Act No. 94 of 1990), issues shares at a premium, whether for cash or otherwise, a sum equal to the aggregate amount or value of the premiums ton those shares shall be transferred to an account to be called the ‘share premium account’, [reduction of the] share capital of a company shall, except section, apply as if the. share premium account were paid-up share capital of the company.”. and the provisions of this Act relating to the ’ as provided in this SO 8 GAZETTE. GOVERNMENT No. 22885 3 DECEMBER 2001 Act No. 35,2001 2001 (COMPANIES AMENDMENT ACT. Amendment of section 87 of Act 61 of 1973, as substituted by section 11 of Act 37 of 1999
Section 9Verify source
§ 10Section 87 of the principal Act is hereby amended by the substitution in subsectionSubstitution

This section amends section 87 of the principal Act by replacing paragraph (a) in subsection (2).

10. Section 87 of the principal Act is hereby amended by the substitution in subsection (2) for paragraph ( a ) of the following paragraph: “(a) if, and to the extent that, the shares are acquired [in terms of the] & special resolution passed in terms of section [85(3)] !35(1) and the approval by such special resolution is a specific approval contemplated in section 85(2);”. 5 Amendment of section 94 of Act 61 of 1973, as amended by section 6 of Act 70 of 1984 is hereby amlxded by the substitution for 10
Section 10Verify source
§ 11Section 94 of the principal ActAmendment

The provision says certain signatures may be placed on the certificate by autographic, mechanical, or electronic means.

11. Section 94 of the principal Act subsection (2) of the following subsection: “(2) Any such signatures may be &xed to Gr placed on the certificate by autographic, [or] mechanical or electronic means.”. Amendment of section 961 of Act 61 of 1973, as amended by section 4 of Act 64 of 1977, section 15 of Act 69 of 1989, section 6 of Act 35: of 1998, section 15 of Act 37 15 of 1999 and section 80 of Act 53 of 1999
Section 11Verify source
§ 12Section 98 of the principal Act is hereby amended by the substitution in subsectionSubstitution

This section amends Section 98 by replacing a paragraph about how redeemed shares are treated and what amount must be transferred to a capital redemption reserve fund.

12. Section 98 of the principal Act is hereby amended by the substitution in subsection (1) for paragraph (b) of the proviso of the following paragraph: “(b) where any such sthares are redeemed otherwise than out of the proceeds of a of profits which would otherwise have been fresh issue, there shall, out to be called the available for dividends, be transferred to a reserve fund, ‘capital redemption reserve fund’, a sum equal to the nominal amount of the shares redeemed, or if shares of no par value, ‘to the book value of the shares redeemed, and the provisions of this Act relating to [the reduction ofl the share capital of a company shall, except as provided in this section, apply as 25 if the capital redemption reserve fund were share capital of the company;”. 20 Amendment of section 105 of Act 61 of 1973
Section 12Verify source
§ 13Section 105 of the principal Act is hereby amended by the substitutionSubstitution

Section 105(4) is amended so the register of members may be kept in bound books or by other accurate, durable recording methods, including electronic recording; for former members, microfilm, microcard, miniature photographic or electronic processes, or any other durable process may also be used.

13. Section 105 of the principal Act is hereby amended by the substitution in subsection (4) for the words preceding the proviso of the following words: “The register of members may be kept either by making entries in bound books or 30 by recording the particulars required in any other manner, including the electronic recording of such particulars, and, in the case of a person who has ceased to be a member, also by microfilm or microcard or by miniature photographic or electronic process or by any other process which accurately reproduces and forms a durable or sustainable medium for recording and reproducing such particulars”. 35 Amendment of section 106 of Act 61 of 1973
Section 13Verify source
§ 14Section 106 of the principal Act is hereby amended bySubstitution

Section 106 is amended so the index may be kept on cards or electronically, must accurately reproduce the required information, is treated as part of the register of members, and must let each member’s account be readily found.

14. Section 106 of the principal Act is hereby amended by the substitution for subsection (2) of the following subsection: “(2) The index, which may be in the form of a card index [and] or in any electronic format which accurately reproduces the :required information, shall be 40 deemed to be a part of the register of members, and shall in respect of each member, contain a sufficient indication to enable the account of that member in the register to be readily found.”. Amendment of section 1131 of Act 61 of 1973, as amenlded by section 6 of Act 59 of 1978 45
Section 14Verify source
§ 15Section 113 of the pIincipa1 Act is hereby amended by the substitution for theSubstitution

This section amends the principal Act by replacing “twenty-five cents” with “R10” wherever that expression appears in section 113.

15. Section 113 of the pIincipa1 Act is hereby amended by the substitution for the expression “twenty-five cents”, wherever it occurs, of the expression “R10”. 10 GAZETTE. GOVERNMENT No. 72885
Section 15Verify source
§ 3DECEMBER 2001Amendment

This section states that, on 3 December 2001, the Companies Amendment Act, 2001 amends section 126 of the Companies Act, 1973, as previously amended.

3 DECEMBER 2001 Act No. 35,2001 COMPANIES AMENDMENT ACT. 2001 Amendment of section 126 of Act 61 of 1973, as amended by section 13 of Act 83 of 1981
Section 3Verify source
§ 16Section 126 of the principal Act is hereby amended by the substitution forSubstitution

The amendment allows the signature mentioned in subsection (2) to be placed on a debenture or debenture certificate by autographic, mechanical, or electronic means.

16. Section 126 of the principal Act is hereby amended by the substitution for subsection (3) of the following subsection: “(3) Any signature referred to in subsection (2) rnay be affixed to or placed on a debenture or debenture certificate by autographic, [or] mechanical or electronic means.”. 5 Amendment of section 132 of Act 61 of 1973
Section 16Verify source
§ 17Section 132 of the principal Act is hereby amended by the substitution inSubstitution

This section amends an offence-related provision about making or altering certificates, share warrants, coupons, or related documents.

17. Section 132 of the principal Act is hereby amended by the substitution in paragraph (dj for subparagraph (i) of the following subparagraph: 10 “(i) introduces or inserts into or engraves or makes upon any plate, wood, stone or any electronic material or process, any certificate as other materia1,cluding to any interest in a company or any share warrant or coupon or document purporting to be snch interest, share warrant or coupon issued or made by any particular company in pursuance of this Act or to be a blank certificate, share 15 warrant or coupon so issued or made or to be a part of such a certificate, share warrant or coupon; or”. Amendment of section 136 of Act 61 of 1973
Section 17Verify source
§ 18Section 136 of the principal Act is hereby amended by the substitution inSubstitution

Section 136 is amended so that a certification counts as signed if it is authenticated by a person’s signature or initials, including by autographic, electronic, or mechanical means.

18. Section 136 of the principal Act is hereby amended by the substitution in subsection (1) for paragraph ( b ) of the following paragraph: 20 “(b) A certification shall for [the] purposes of this section be deemed to be signed if it purports to be authenticated by the signature or initials of any person whether by autographic, electronic or mechanical means, unless it is shown that the signature or initial is not that of a person authorized to certify transfer of securities behalf of the company.”. on 25 Amendment of section 141 of Act 61 of 1973
Section 18Verify source
§ 19Section 141 of the principal Act is hereby amended by the substitution forSubstitution

This section replaces subsection 141(1) and says no person may, orally or in writing, offer shares for sale to the public or publish related material unless it is accompanied by a written statement with the required particulars.

19. Section 141 of the principal Act is hereby amended by the substitution for subsection (1) of the following subsection: “(1) No person shall either orally or in writing (including any newspaper advertisement or any advertisement in electronic f c a ) make an offer of shares 30 for sale to the public or issue, distribute or publish any y& material which in its form and context is calculated to be understood as an offer as aforesaid unless it is accompanied by a wrdten statement containing the particulars required section to be included therein.”. by this Amendment of section 157 of Act 61 of 1973 3s
Section 19Verify source
§ 20Section 157 of the principal Act is hereby amended by the substitution inSubstitution

This provision amends section 157 so that certain advertisements about share offers are treated as prospectuses.

20. Section 157 of the principal Act is hereby amended by the substitution in subsection (1) for the words preceding paragraph ( a ) of the following words: [whatsoever] in any format, including “Every newspaper or other adve&em&; electronic format, offering or calling attention to an offer or intended offer of shares of a company to the pulblic shall be deemed to be a prospectus issued by the person 40 responsible for publishing or disseminating the advertisement (and all enactments and rules of law as to the contents of prospectuses and as to the liability in respect of statements in and omissions from prospectuses or otherwise relating to prospectuses shall apply and have effect accordingly), unless it contains no more information the fcdlowing:”. 45 Amendment of section 171 of Act 61 of 1973
Section 20Verify source
§ 21Section 171 of the principal Act is hereby amlznded by the substitution inSubstitution

A company must not send or issue certain branded trade or business communications in the Republic unless the required director-related statement is included.

21. Section 171 of the principal Act is hereby amlznded by the substitution in subsection (1) for the words preceding paragraph (a) of fhe following words: “A company shall not issue or send, irrespective of whether it is in electronic or any other format, to any person in the Republic any trade catalogue, trade circular or SO than 12 No. 22885 GOVERNMENT GAZETTE, 3 DECEMBER 2001 Act No. 35,2001 COMPANIES AMENDMENT ACT, 2001 business letter bearing the company’s name unless there is stated thereon or therein in a form capable of retrieving therefrom in respect of every director-”. Amendment of section 192 of Act 61 of 1973
Section 21Verify source
§ 22Section 192 of the principal Act is hereby amended by the substitution inSubstitution

A private company may send the notice by registered post, or by electronic post if its articles allow it, instead of publishing it in a newspaper.

22. Section 192 of the principal Act is hereby amended by the substitution in subsection (2) for the provi:;o of the following proviso: 5 “: Provided that a priv,ate company may, instead of publishing the said notice in a newspaper, send it by registered post, or by electronic post if so authorized by its articles, to the members not later than three days after the adjournment.”. Amendment of section 211 of Act 61 of 1973, as substituted by section 13 of Act 59 of 1978 10
Section 22Verify source
§ 23Section 211 of the l~rincipal Act is hereby amended by the substitution forSubstitution

A company, and any director or officer knowingly involved, commits an offence if it publishes a person’s name as a director when that person is not validly appointed.

23. Section 211 of the l~rincipal Act is hereby amended by the substitution for subsection (7) of the following subsection: “(7) Any company which publishes, whether in non-electronic or electronic format, and every direc’tor or officer of the company who knowingly is a party to the publication of, the name of any person as a director of the company when such not validly been appointed as director of the person is not a director or has company, shall be guilty of an offence.”. 1.5 Amendment of section 249’ of Act 61 of 1973
Section 23Verify source
§ 24Section 249 of the principal Act is hereby amended by the substitution forSubstitution

A person commits an offence if they knowingly make a false statement in a required statement, return, report, certificate, financial statement, or other document under the Act.

24. Section 249 of the principal Act is hereby amended by the substitution for subsection (1) of the following subsection: “(1) Any person w.ho in any statement, return, report, certificate, financial statement or other docu rnent required by or for the purposes of any provision of this Act, whether in non-ekctronic or electronic format, makes a statement which is false in any material ]particular, knowing it to be- false, shall be guilty of an offence.”. Amendment of section 250 of Act 61 of 1973
Section 24Verify source
§ 25Section 250 of the principal Act is hereby amended by the substitution forSubstitution

Certain company directors, officers, or other persons must not falsify, conceal, or make false entries in company books and records; doing so can be an offence.

25. Section 250 of the principal Act is hereby amended by the substitution for subsection (1) of the following subsection: “(1) Any director or officer of a company or any other person who conceals, falsifies or makes any false entry in or, with the intent to destroys, mutilates, defraud or deceive, malses any erasure in any book (including any minute book), of any company, register, document, financial record or financial statement - _ irrespective of whether it is or has been kept in electronic format, shail, subject to the provisions of subsection (2), be guilty of an offence.”. - 20 25 30 Amendment of section 302 of Act 61 of 1973, as amended by section 23 of Act 76 of 1974 35
Section 25Verify source
§ 26Section 302 of the principal Act is hereby amended by the addition to subsectionSubstitution

A company may provide a copy of its financial statements in electronic format if its articles authorize it and the recipients agree in writing.

26. Section 302 of the principal Act is hereby amended by the addition to subsection (1) of the following proviso: “: Provided that, if so authorized by a company’s articles, a copy of its financial statements may be made available in electronic format to all persons who have agreed thereto in writing”. 40 Amendment of section 441 of Act 61 of 1973, as substituted by section 19 of Act 35 of 1998
Section 26Verify source
§ 27Section 441 of the principal Act is herebySubstitution

This section amends section 441 of the principal Act by replacing text so that the listed references end with “to a fine.”

27. Section 441 of the principal Act is hereby paragraph subsection for (12) of the (1) paragraph: “(h) in section 168, 185, 2.56(6), 312(4), [or] 331(1) or 333(1), to a fine;”. following amended by the substitution in 45 13 No. 22885 Act No. 35,2001 GOVERNMENT GAZETTE. 3 DECEMBER 2001 - COMPANIES AMENDMENT ACT, :!001 Substitution of certain expression in Act 61 of 1973
Section 27Verify source
§ 28The principal Act is herebyRepeal

This section changes the wording in the principal Act from “certified post” to “registered post” wherever it appears, and repeals section 3 of Act 18 of 1990.

28. The principal Act is hereby amended by the substitution for the expression “certified post”, wherever it occurs, of the expression “registered post”. Repeal of section 3 of Act 18 of 1990
Section 28Verify source
§ 29Section 3 of the Companies Amendment Act, 1990, is hereby repealed.Short title

Section 3 of the Companies Amendment Act, 1990 is repealed.

29. Section 3 of the Companies Amendment Act, 1990, is hereby repealed. 5 Short title
Section 29Verify source
§ 30This Act is called the Companies Amendment Act., 2001Amendment

This section says the Act is called the Companies Amendment Act, 2001.

30. This Act is called the Companies Amendment Act., 2001
Section 30Verify source

Legislative relationships

4 referenced instruments

Names are derived from the stored provision headings and citation-enrichment layer. Treat this as a research index and verify each relationship against the source text.

A–F

2 instruments

  • Banks 45 Act

    Section 9

  • Companies Act, 1973

    Sections 1, 3

G–M

1 instrument

  • Master. 4. Section 1.5 of the principal Act

    Section 4

N–S

1 instrument

  • principal Act

    Sections 10, 15, 27

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