New Company ACT 2009

It is hereby notified that the President has assented to the following Act, which is hereby published for general information:– No. 71 of 2008: Companies Act, 2008.

The Minister of Trade and Industry, Dr Rob Davies (MP) has published the draft Companies Regulations, 2010 and rectification notice to the Companies Act, No. 71 of 2008, following the identification of grammatical, technical and other substantive inconsistencies in the Act.

SAIPA Technical Department sent the Regulations to the Technical Committee for comment. After the Regulations were sent to the Committee the Technical Department had a meeting with the Committee together with experts in the field. The experts that attended the meeting were Prof. Walter Geach and Prof. Farouk Cassim. A Submission was drafted by the Technical Committee together with the Experts. The SAIPA comments for the rectification notice was prepared by Mr. Pieter Stassen.

The ACT is attached below: (PDF, 197 pg)

The Companies Act of 2008. Basic Introduction for Non-Profit Companies

Companies Act, No. 71 of 2008

Introduction: The Companies Act, No. 71 of 2008 (the new Act) was signed into law during April 2009 and came into operation on 01 May 2011. The new Act should notably improve the manner in which companies are incorporated and regulated in South Africa. In the third King Code of Governance Principles, the chairman of the King Committee, Prof. Mervyn E. King, states that: “...perhaps the most important change is incorporation of the common law duties of directors in the (Companies Act of 2008). This is an international trend.” The Act predictably raises the standard of governance.

Please find the document attached below (PDF, 7pg)

Information Session on the New Companies Act and how it Influences NGO’s

“Within the limits prescribed by law, every organ of state must determine and coordinate the implementation of its policies and measures in a manner designed to promote, support and enhance the capacity of nonprofit organisation to perform their functions.”

Presented by: Grant.net – a provincial forum of Grantmakers and Corporate Social

Investment Practitioners in the Western Cape.

Speaker: Ricardo Wyngaard (www.nonprofitlawyer.co.za)

Report by: Riëtte van der Westhuizen – Breede River Hospice, Robertson, WC

Date: 22 September 2011

A disclaimer from the presenter: “It is a 200 page document being compacted into 90 minutes, so I am only focusing on key issues. The talk is only about the relevance of the new CA on NPO’s and NPC’s.”

Find this document attached below