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Bill Number: B61-2008Act Number: 71 of 2008
Bill Status
Original Act
DateGazette NumberTitle
2009-04-0932121ACT NO. 71 OF 2008: COMPANIES ACT, 2008
Consolidated Act
Draft Bill

Draft bill full text

Access for Policy Documents subscribers, or purchase this document

Year of publication


Publication for comment (draft bill)

Published on the Department of Trade and Industry website

Explanatory Summary

Two versions published in the Government Gazette: GG 31104 of 30 May 2008

Parliamentary Documents
2007-03-16Briefing PaperDraft Companies Bill: Initial Briefing
2007-05-10Briefing PaperWorkshop on the Draft Companies Bill: dti Briefing
2008-06-25Briefing PaperDraft Companies Bill, 2008: Initial Briefing
2008-07-29Briefing PaperCompanies Bill [B61-2008]: Departmental Briefing
2008-08-11SubmissionHearings on Companies Bill [B61-2008]: Hermes
2008-08-11SubmissionHearings on Companies Bill [B61-2008]: Bowman Gilfillan
2008-08-11SubmissionHearings on Companies Bill [B61-2008]: SAIFAC
2008-08-11SubmissionHearings on Companies Bill [B61-2008]: IoD and King Committee
2008-08-11SubmissionHearings on Companies Bill [B61-2008]: Ernst & Young
2008-08-11SubmissionHearings on Companies Bill [B61-2008]: KPMG
2008-08-11SubmissionHearings on Companies Bill [B61-2008]: Law Society
2008-08-12SubmissionHearings on Companies Bill [B61-2008]: Audit Committee Forum
2008-08-12SubmissionHearings on Companies Bill [B61-2008]: M&G Media, Who Owns Whom; CEJA
2008-08-12SubmissionHearings on Companies Bill [B61-2008]: Deloitte & Touch
2008-08-12SubmissionHearings on Companies Bill [B61-2008]: PricewaterhouseCoopers
2008-08-12SubmissionHearings on Companies Bill [B61-2008]: SAPOA
2008-08-13SubmissionHearings on Companies Bill [B61-2008]: BUSA
2008-08-13SubmissionHearings on Companies Bill [B61-2008]: Banking Association
2008-08-13SubmissionHearings on Companies Bill [B61-2008]: IRBA
2008-08-13SubmissionHearings on Companies Bill [B61-2008]: SAIPA (2)
2008-08-14SubmissionHearings on Companies Bill [B61-2008]: JSE
2008-08-19Briefing PaperDraft Revenue Laws Amendment Bills, 2008: Treasury Briefing
2008-08-20Policy DocumentLegal Opinion on the Recusal of Members of Parliament when considering a Bill before a Parliamentary Committee and the effect thereof when voting on the Bill
2008-08-20Briefing PaperCentre for Public Service Innovation
2008-08-20Briefing PaperHearings on Companies Bill [B61-2008]: Department's Response
2008-08-21SubmissionHearings on Companies Bill [B61-2008]: COSATU
2008-08-21Briefing PaperHearings on Companies Bill [B61-2008]: Department's Response (2)
2008-08-22Policy DocumentHearings on Companies Bill [B61-2008]: Department's Response (3)
2008-10-15Briefing PaperCompanies Bill [B61B-2008]: Departmental Briefing
Further Information
Sabinet Monitoring Articles
Guidelines on Reinstating Companies Published2013-03-18
Companies Regulations Published in Gazette2011-04-28
Companies Act to Come Into Effect on 1 May 20112011-04-21
Draft Companies Regulations Released for Public Comment2010-11-30
CIPRO to Establish Companies and Intellectual Property Commission2010-11-02
Implementation of Key Business Laws Delayed2010-09-29
Trade and Industry Wants Companies Act in Effect by October2010-06-29
Companies Act Regulations Published for Public Comment2010-01-11
Companies Act Will Bring New Era of Director's Responsibility2009-04-20
Trade and Industry to Undertake Awareness Campaign on Companies Act2009-04-17
Trade and Industry Minister Provides Overview of Pending Corporate Legislation2008-11-27
Companies Bill approved by both houses of Parliament2008-10-20
Cosatu presents labour movements' views on corporate regulatory regime2008-08-22
Trade and Industry responds to salient points arising from public hearings on Companies Bill2008-08-22
Companies Bill: isolation of CCs could threaten small business2008-08-13
Companies Bill: general consensus emerging of acceptability2008-08-12
Companies Bill hearings evaluate effectiveness of business rescue provisions2008-08-11
Department of Trade and Industry provides overview on Companies Bill2008-07-28
New legislative framework for South African companies introduced2008-06-27
Public response to draft Companies Bill elicits further changes2008-06-25
Cabinet gives approval to bill overhauling Companies Act2008-05-19
New Companies Bill on track for tabling in early 20082007-08-12
DTI publishes long-awaited draft Companies Bill2007-02-13
News Articles
Faith in business rescue process is on the riseBusiness Report2017-09-04
Judge cautious over conflict of interest provisions in Companies ActPolity.org.za2015-08-13
'Ground-breaking' business rescue provision can save jobs - DaviesPolity.org.za2014-08-19
Audit firms being monitored for offering 'other services'Business Day2014-02-27
Companies not ready for new legislationIT-Online2012-03-15
Complexities of act threaten businessBusiness Report2011-06-22
Stakeholders' rights and remedies are valuedBusiness Report2011-05-05
Directors need shareholder approval before getting paidBusiness Report2011-05-03
New legislation is more user friendly and flexibleBusiness Report2011-05-03
Companies to benefit from new ActBrand South Africa2011-04-21
Four working days to review new Companies Act regulationsPolity.org.za2011-04-21
Commission launched to take over from CiproPolity.org.za2011-04-18
Cipro ready for Companies ActITWeb2011-04-08
Postponement of new Companies Act 'welcome'Business Report2011-04-01
New Companies Act going through final approval processes - DTIPolity.org.za2011-03-31
'Enough talk, lets put this bill in place'Business Report2011-03-17
Warning on new ActThe Sowetan2011-02-15
Law may reduce accountabilityBusiness Report2011-01-21
Minorities get powers under new lawBusiness Report2011-01-21
Fresh hopeThe Sowetan2011-01-10
Costly Act 'must be delayed'ITWeb2010-12-02
'More time needed for Companies Act'Business Report2010-12-01
Lost in arbitrationMail and Guardian2010-09-27
'Short circuit' in Companies ActFin242010-08-16
DTI cans R153m Cipro contractITWeb2010-06-18
Companies Act farceMail and Guardian2010-04-07
DTI to prepare businesses for new Companies ActPolity.org.za2010-02-25
Cipro merges with Office of Companies ?and Intellectual Property EnforcementEngineering News2009-10-09
A win for transparencyMail and Guardian2008-09-03
Bill holds big property risksProperty242008-07-23
Parliament busy with business lawITWeb2008-06-27
Cabinet passes Companies BillITWeb2008-05-16
New Companies Bill aims to improve business climate, lower barriers to entryEngineering News2007-02-20
Virtual companies to become a reality in SAmybroadband2007-02-15
Opinion Pieces
Companies Act - creating culture of accountability for businessITWeb2077-07-12
Reporting Obligations Of Directors In Terms Of The Companies Act - Reckless Trading And Personal LiabilityPolity.org.za2018-10-02
Old claims - new remedies; Corporate opportunities in light of the provisions of the Companies Act, 2008Polity.org.za2017-10-16
Here's how the Companies Act can bring SOE directors to bookFinancial Mail2017-07-03
Business rescue - where will it end?Cliffe Dekker Hofmeyr2015-08-13
Removing a Director Under the Companies Act 71 of 2008Polity.org.za2015-06-30
Company reinstatements: End of confusionPolity.org.za2015-03-27
A comparison between the repealed Companies Act and the Companies Act 71 of 2008Polity.org.za2014-11-10
Directors and officers cautioned against disregard of the provisions relating to Disclosure of Personal Financial Interests set out in Section 75 of the Companies Act, 2008Polity.org.za2014-07-04
Opportunities for Chinese investors arising from the new business rescue provisions of the South African Companies Act, 2008Polity.org.za2014-04-03
Some thoughts on Section 16(9) of the Companies Act - MOI amendmentsPolity.org.za2014-02-07
Opportunities arising from the new business rescue provisions of the South African Companies Act, 2008Polity.org.za2013-11-08
Changes in the Companies Act an opportunity for mining SMEs to become 'borrowing fit'Polity.org.za2013-10-03
Changes in the Companies Act an opportunity for mining SMEs to become 'borrowing fit'Polity.org.za2013-10-03
Hidden entitlements: The rights of trade unions under the Companies Act 71 of 2008 - Some food for thoughtPolity.org.za2013-09-12
Hidden entitlements: The rights of trade unions under the Companies Act 71 of 2008 - Some food for thoughtPolity.org.za2013-09-12
Companies need to get in on the ActPolity.org.za2013-09-11
Non-compliance with S44, S45 and S46 of the Companies Act, No 71 of 2008Polity.org.za2013-08-13
The business judgment rule: how the Companies Act of 2008 is impacting on directors' dutiesPolity.org.za2013-08-07
The business judgment rule: how the Companies Act of 2008 is impacting on directors' dutiesPolity.org.za2013-08-07
Reporting obligations of directors in terms of the new Companies Act, No. 71 of 2008 - Reckless trading and personal liabilityPolity.org.za2013-07-17
Company reinstatements: conundrum and clarityPolity.org.za2013-07-11
No need to panic as new Companies Act deadline expiresPolity.org.za2013-06-20
Updating MOIs and shareholders agreementPolity.org.za2013-05-06
Updating MOIs and shareholders agreementPolity.org.za2013-05-06
The new Companies Act: Responsibility of directors vs the role of the RegulatorPolity.org.za2013-04-23
Governance of small companies made easyPolity.org.za2013-04-05
New Companies Act impacts the transferability of securities by private companiesPolity.org.za2013-03-13
New Companies Act impacts the transferability of securities by private companiesPolity.org.za2013-03-13
Aligning your existing Memorandum and Articles of Association with the ActPolity.org.za2012-09-19
Dissecting Section 45 of the new Companies Act: Loans or other financial assistance to directorsPolity.org.za2012-09-05
The Companies Act 2008 and its detrimental effects on pre-existing shareholders agreementPolity.org.za2012-07-23
Winding-up of a company and close corporation under the new Companies ActPolity.org.za2012-07-13
The effect of the new Companies Act on boards and directorsPolity.org.za2012-05-08
Business Rescue, the Companies Act and the Impact on the Construction IndustryPolity.org.za2012-03-26
The impact of certain provisions in the new Companies Act on directorsPolity.org.za2011-11-29
New Act encourages foreign entities to establish a legal presence in SAPolity.org.za2011-11-14
Did you know? Facts to consider regarding the New Companies ActPolity.org.za2011-09-19
Expanding employees' duties under the new Companies ActPolity.org.za2011-07-28
The management of a company's business under the new Companies ActPolity.org.za2011-07-28
The new Companies Act, No. 71 of 2008 - reckless trading and the personal liability of directorsPolity.org.za2011-06-01
Business is cleaning up its actITI News2011-05-30
Fundamental transactions and their regulation by the Companies Act No. 71 of 2008Polity.org.za2011-04-01
New era of Company LawPolity.org.za2011-03-31
Are you ready for the new Companies Act?mybroadband2011-01-04
Implementation of the new Companies Act delayedPolity.org.za2010-09-30
Getting to grips with the new Companies ActPolity.org.za2010-09-22
Corporate shutdowns and delinquent directorsEngineering News2010-07-23
Directors can expect heightened shareholder activism under new Companies ActInsurance Gateway2010-05-18
A new era for mergers and amalgamationsPolity.org.za2010-05-17
Companies Bill, 2007 - Main featuresSAICA2007-02-23
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