Companies Act, 2008 (Act No. 71 of 2008)NoticesDomicilium et Executandi Requirement - Cell phone numbers, Email addresses of companies, close corporations, co-operatives, directors and membersNotice No. 3805 of 2023 |
Notice No. 3805
18 August 2023
GG 49140
Department of Trade, Industry and Competition
Important Notice
This notice is issued in terms of Regulation 169(1) of the Companies Regulations, 2011, under the Companies Act of 2008 (Act 71 of 2008) ("The Act").
Section 6(10) of the Act states that where a notice is required or permitted to be given or published to any person, it is sufficient if the notice is transmitted electronically directly to that person in a manner and form such that the notice can conveniently be printed by the recipient within a reasonable time and at a reasonable cost. This section must also be read with Table CR3 of Annexure 3 of the Companies Regulations, 2011 as amended, which further state that a notice or document can be delivered to any person by the Commission by sending the notice or copy of the document by electronic mail if the person has an address for receiving electronic mail.
Therefore, in order to effectively enable such provision the Companies and Intellectual Property Commission ("the Commission"), from 1 July 2023 will regard the below, in addition to registered and postal addresses, as domicilium et executandi (and as verified communication specifically in terms of Companies Regulation 40(2)) for purposes of issuing notices and legal notices by the Commission in terms of the Act and any other legislation to be enforced by the Commission, as stated in Schedule 4 of the Act:—
1. Cell phone number of directors and members,
2. E-mail address of the company, close corporation or co-operative, and
3. E-mail address of directors and members.
The above will be effective from 1 July 2023.
Adv. Rory W Voller
Commissioner: CIPC
The dti Campus (Block F - Entfutfukweni), 77 Meintjies Street, Sunnyside, Pretoria l P O Box 429, Pretoria, 0001
Call Centre: 086 100 2472
Website: www.cipc.co.za