To provide for the incorporation, registration, organization and management of companies, the capitalization of profit companies, and the registration of offices of foreign companies carrying on business within the Republic; to define the relationships between companies and their respective shareholders or members and directors; to provide for equitable and efficient amalgamations, mergers and takeovers of companies; to provide for efficient rescue of financially distressed companies; to provide appropriate legal redress for investors and third parties with respect to companies; to establish a Companies and Intellectual Property Commission and a Takeover Regulation Panel to administer the requirements of the Act with respect to companies, to establish a Companies Tribunal to facilitate alternative dispute resolution and to review decisions of the Commission; to establish a Financial Reporting Standards Council to advise on requirements for financial record-keeping and reporting  by companies; to repeal the Companies Act, 1973 (Act No. 61 of 1973) and make amendments to the Close Corporations Act, 1984 (Act No. 69 of 1984), as necessary to provide for a consistent and harmonious regime of business incorporation and regulation; and to provide for matters connected therewith.

Latest Developments:

The General Laws (Anti-Money Laundering and Combating Terrorism Financing) Amendment Act, 2022 (Act No. 22 of 2022) has amended and updated the Trust Property control Act 1988, Nonprofit Organisations Act 1997, and Companies Act 2008 as per Notice No. 1532, GG47802, dated 29 December 2022 – effective 1 April 2023 per Proclamation 109(b)(i), (ii) and (iii), GG47805, dated 31 December 2022

Financial Sector Laws Amendment Act 23 of 2021 has updated and made Amendments to:

Banks Act 1990

Competition Act 1998

Co-operative Banks Act 2007

Companies Act 2008

Financial Institutions (Protection of Funds) Act 2001

Financial Markets Act 2012

Financial Sector Regulation Act 2017

Insolvency Act 1936

Insurance Act 2017

Mutual Banks Act 1993

South African Reserve Bank Act 1989

as per Notice No. 789, of GG45825, dated 28 January 2022

The Companies Act, 2008 (Act No. 71 of 2008), has been updated with Domicilium et Executandi Requirements, as per Notice No. 3805 of GG49140, dated 18 August 2023.

The Companies Act, 2008 (Act No. 71 of 2008), has been updated with Amendments to the Companies Regulations, 2011 under Notice R.351 of 2011, resultant from the General Laws Amendment Act, 2022, and comes into effect on the date of publication of this Notice, as per Notice No. R.3444 of GG48648, dated 24 May 2023.

The General Laws (Anti-Money Laundering and Combating Terrorism Financing) Amendment Act, 2022 (Act No. 22 of 2022), has updated and made Amendments to:

Nonprofit Organisations Act 1997,

Financial Intelligence Centre Act 2001,

Companies Act 2008, and

Financial Sector Regulations Act 2017 : (effective 31 December 2022 per proclamation 109 of 2022 section (a)) as per Notice No. 1532 of GG47802, dated 29 December 2022.

The Companies Act, 2008 (Act No. 71 of 2008), has been updated with a Notice of Introduction of Online Filing of Notice of Location of Company Records (Form COR 22) for Companies, as per Notice No. 2390 of GG46739, dated 19 August 2022.

The Companies Act, 2008 (Act No. 71 of 2008), has been updated with Practice Note 2 of 2022-Certification Requirements for Documents Filed with the CIPC, as per Notice No. 1796 of GG45945, dated 25 February 2022.

The Companies Act, 2008 (Act No. 71 of 2008), has been updated to record the Mandatory Submission of Annual Financial Statements using iXBRL by entities using Generally Recognised Accounting Principles GRAP from 1 October 2021, as per Notice No. 207 of GG 44257, dated 12 March 2021.

The Companies Act, 2008 (Act No. 71 of 2008) has been updated to record the Submission of Annual Financial Statements using Generally Recognised Accounting Principles (GRAP) an XBRL, as per Notice No. 1018 of GG 43734 dated 25 September 2020.

The Companies Act, 2008 (Act No. 71 of 2008) has been updated by Business Rescue Continuing Professional Development Policy, as per Notice No. 882 of GG 43613 dated 14 August 2020.

The Companies Act, 2008 (Act No. 71 of 2008) has been updated by Introduction of New Electronic Filing Method by way of Mobile Application (also called APP) for Company and Close Corporation Forms, as per Notice No. 788 of GG 41811 dated 3 August 2018.

The Companies Act, 2008 (Act No. 71 of 2008) was amended by the Financial Markets Act, 2012 (Act No. 19 of 2012) Government Gazette 36121, dated 1 February 2013.

The Companies Act, 2008 has been updated by the Companies Regulations, 2011, being notice No. R. 351 in Government Gazette No. 34239 dated 26 April 2011.

The Companies Act, 2008 has been updated by the Companies Amendment Act, No. 3 of 2011 in Government Gazette No. 34243 dated 26 April 2011.

The Companies Act, 2008 (Act No. 71 of 2008) has been added to the site (but please take note of section 225 regarding the promulgation of this Act).The Act was published in Government Gazette No. 32121 dated 9 April 2009.