| (1) |
The Minister may make regulations— |
| (a) |
providing for the conduct and administration of the Registration Office, and prescribing the practice and procedure to be observed therein; |
| (b) |
prescribing the practice and procedure to be observed in the office of the Master in connection with the winding-up of corporations; |
| (c) |
providing for the reproduction of any records relating to corporations in the Registration Office or the office of the Master by means of microfilm, microcard, miniature photographic process, the conversion into electronic format in such a way as to allow such records to be reconverted to their original form without changing their original contents or form, or any other process deemed suitable by the Minister; |
| (d) |
providing for the use for official purposes and the admissibility in evidence in any proceedings, whether in a court of law or otherwise, of any reproduction contemplated in paragraph (c); |
| (e) |
providing for the keeping and preservation of any records, or any reproductions thereof contemplated in paragraph (c), in the Registration Office or the office of the Master, the removal from such offices of such records or reproductions and the preservation thereof in any other place, and prescribing the circumstances under which such records or reproductions may be destroyed; |
| (f) |
prescribing how records required under this Act to be kept by a corporation may be kept, and prescribing the circumstances under which such records may be destroyed; |
| (g) |
prescribing the procedure to be followed with respect to any matter in connection with the winding-up of corporations; |
| (h) |
prescribing the form and the contents of any return, notice or document provided for by this Act; |
| (i) |
prescribing when an additional copy or copies of documents to be lodged under this Act shall require to be lodged, and whether such additional copy or copies shall be in the form of a copy or copies certified in a defined manner or shall be in duplicate original form; |
| (j) |
with the concurrence of the Minister of Finance, prescribing the matters in respect of which fees shall be payable, the persons by whom and to whom the fees shall be payable and the tariff of such fees; |
| (k) |
providing for a table of fees, subject to taxation by the Master, which shall be payable to a liquidator as remuneration; |
| (l) |
prescribing a tariff of remuneration payable to any person performing on behalf of a liquidator any act relating to the winding-up of a corporation which the liquidator is not required to perform personally, and prohibiting the charging or recovery of remuneration at a higher tariff than the tariff so prescribed; |
| (m) |
providing for the appointment by the Registrar in specified circumstances of an inspector to investigate the affairs of a corporation, for the powers of an inspector in conducting any such investigation, for the duty of any member, officer, employee or accounting officer of a corporation to make available books and documents in his or her custody or under his or her control and to afford such assistance as an inspector may require in connection with any such investigation; for reporting by an inspector to the Registrar; for the making available by the Registrar of any such report to other persons; for the admissibility of any such report as evidence in legal proceedings; and for defraying the expenses of, and in connection with, any such investigation; |
| (n) |
as to any other matter required or permitted by this Act to be prescribed; and |
| (o) |
generally, as to any matter which he or she considers it necessary or expedient to prescribe in order that the purposes of this Act may be achieved. |
| (a) |
The Minister may determine policy for the appointment of a liquidator by the Master in order to promote consistency, fairness, transparency and the achievement of equality for persons previously disadvantaged by unfair discrimination. |
| (b) |
Any policy determined in accordance with the provisions of paragraph (a) must be tabled in Parliament before publication in the Gazette. |
| (2) |
Regulations made under subsection (1) may prescribe penalties for any contravention thereof or failure to comply therewith, not exceeding a fine or imprisonment for a period of six months or both a fine and such imprisonment. |
| (3) |
Regulations made by the Minister in terms of section 29(4) and (5), and 30(7) of the Companies Act apply to a corporation as if those regulations had been made in terms of this Act, but any reference in those regulations to a company must be read as a reference to a corporation. |
[Section 10(3) inserted by section 224, item 5(1) of Schedule 3(A), of Notice No. 421 dated 9 April 2009]
Statistics Act, 1999
