Close Corporation Act 2008 - Therefore the Act provides for the indefinite continued existence of the Close Corporations Act. CONVERSION OF CLOSE CORPORATIONS TO COMPANIES The New Companies Act 2008 has simplified the conversion of close corporations to companies greatly.


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The Companies Act 71 of 2008 aims.

Close corporation act 2008. The Companies Act 2008 also prohibits the registration of any new close corporation after 1 May 2011. To convert a close corporation into a company member of the close corporation must. Background Section 90 of the Act contains provisions applicable to an auditor engaged to perform a statutory audit of a company or a close corporation CC.

The Companies Act 2008 and the Close Corporations Act 1984 require the company or close corporation itself it also include its authorised representative to file the annual return. To provide for efficient rescue of financially distressed companies. Companies and close corporations are required to file annual returns once a year within a given.

Henning of the South African Companies Act 71 of 2008 considering in particular the impact of its provisions on South African close corporation - a juristic person that confers on its members all the usual advantages associated with legal personality and in which all or most members are actively involved. - Amended by Companies Act 71 of 2008 from 1 May 2011 - Amended by Corporate Laws Amendment Act 24 of 2006 from 14 Dec 2007 - Amended by Close Corporations Amendment Act 25 of 2005 from 11 Jan 2006. 12 THE COMPANIES ACT NO.

Acts Online provides legislation including amendments and Regulations in an intuitive online format. To provide for the incorporation registration organisation and management of companies the capitalisation of profit companies and the registration of offices of foreign companies carrying on business within the Republic. Existing close corporations can elect to continue to exist until deregistered dissolved or converted into a private company governed under the new Companies Act.

Association agreement in relation to. The Companies Act 2008 also prohibits the registration of any new close corporation after 1 May 2011. To define the relationships between companies.

Document provides guidance on the applicability of Section 90 of the Act and clarification on certain terminology used in Section 902 b. In terms of section 593 of the Close Corporations Act the corporation should within 14 days appoint another accounting officer. Close corporations can be converted to companies but companies can no longer be converted to close corporations.

Existing close corporations would be administered under the Close Corporations Act 1984 indefinitely. 1 At any time before section 13 of the Companies Act comes into operation any one or more persons not exceeding ten who qualify for membership of a close corporation in terms of this Act may form a close corporation and secure its incorporation by complying with the requirements of this Act in respect of the registration of its founding statement referred to in section 12. Close corporations can be converted to companies but companies can no longer be converted to close corporations.

FORMATION AND JURISTIC PERSONALITY OF CLOSE CORPORATIONS s 2 Formation and juristic personality of close corporations 21 Any one or more persons not exceeding ten who qualify for membership of a close corporation in terms of this Act may form a close corporation. Existing close corporations would be administered under the Close Corporations Act 1984 indefinitely. We are the leading resource for freely available Legislation in South Africa and are used daily by thousands of professionals and industry leaders.

The Companies Act 2008 allows the Commission to deregister a company or close corporation upon request from the company or close corporation or any other party provided that the company or close corporation- a has ceased to carry on business. Liquidation of close corporations. To provide for the incorporation registration organisation and management of companies the capitalisation of profit companies and the registration of offices of foreign companies carrying on business within the Republic.

No new close corporations may be formed once that Act comes into operation during 2010. To define the relationships between companies and their respective shareholders or members and directors. And b has no assets or because of the inadequacy of its assets there is no reasonable probably of the company being.

With Acts you are guaranteed the latest and most up to date resource for your legislative needs. And for matters connected therewith. CLOSE CORPORATIONS Since the introduction of the Companies Act 2008 on 1 May 2011 it is no longer possible to incorporate a close corporation as a business entity which was initially introduced by the Close Corporations Act 1984.

However all existing close corporations will continue to exist. Definitions 1 In this Act unless the context otherwise indicates-accounting records in relation to a corporation includes accounts deeds writings and such other documents as may be prescribed. 71 OF 2008 AN EXPLANATORY GUIDE COMPANY LEGISLATION PLAN All existing close corporations will retain their current status until such time as their members decide that it is in their interest to convert to a company.

-obtain a written statement of consent of a minimum of 75 or more member interest approval for such conversion. A review by Professor JJ. -draw up a Memorandum of Incorporation for the governing of.

If the office of the accounting officer is vacant for a period of six months or longer any person who was a member during that period and is aware of the vacancy shall be personally liable for every debt incurred while the vacancy existed. To provide for equitable and efficient amalgamations mergers and takeovers of companies. When must a company or close corporation file its annual returns.

One of the effects of the new Companies Act of 2008 is the phasing out of close corporations.


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