Companies Amendment Act 59 of 1978

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59 of 1978

The Companies Amendment Act 59 of 1978 intends:

  • to amend the provisions of the Companies Act, 1973 [repealed in 2011], relating to the inspection of, the obtaining of certificates as to the ·ontents of, and the obtaining of copies of or extracts from, documents kept by the Registrar of Companies; so as:
    • to empower the Minister to make regulations prescribing how records required to be kept by a company may be kept;
    • to empower the Minister to prohibit the disclosure by companies of particular information and to exempt companies from the obligation to disclose such information; 
    • to further regulate the procedure in connection with the deregistration of companies;
    • to change the basis on which fees may be charged by companies for the furnishing of copies of or extracts from certain registers and documents;
    • to further regulate applications for a certificate to commence business;
    • to determine in greater detail the liability of companies and external companies for the payment of annual duty;
    • to further regulate the particulars to be furnished in the written consent of a person to act as director or officer of a company, the duty of such person to lodge such consent, the particulars to be caused to be entered by a company in the register of directors and officers and the duties of a company and other persons in respect of the said register;
    • to abolish the central register of directors and officers;
    • to further define the persons disqualified from being appointed or from acting as a director of a company or from being appointed as auditor of a company;
    • to make further provision in regard to the documents which shall accompany the memorandum of an external company when lodged for registration;
    • to further regulate the time when certain entries shall be made in the register of directors, managers and secretaries of an external company;
    • to make further provision in regard to the lodging of an annual return by an external company and in regard to certain other administrative duties of such a company;
    • to effect certain textual changes;
    • to further regulate the procedure in connection with the deregistration of external companies; and
    • to further define the circumstances In which a company shall be deemed unable to pay its debts; and
  • to provide for incidental matters.

Commencement

17 May 1978

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