The Companies Act, Act no. 71 of 2008 was signed by the President on 8 April
2009 and gazetted in Gazette No. 32121 (Notice No. 421). The Act replaces the
Companies Act, 61 of 1973 and came into effect on 1 May 2011.
The Minister of Trade and Industry has in terms of section 223 and Item 14 of
Schedule 5 of the Companies Act published the Companies Regulations. These
regulations became effective on 1 May 2011, at the same time that the Companies
Act No 71, 2008, became effective.
Companies and Intellectual Property Commission
The newly formed Companies and Intellectual Property Commission (CIPC), was
established through the amalgamation of the Office of Companies and Intellectual
Property Enforcement (OCIPE) and the Companies and Intellectual Property
Registration Office (CIPRO). The Commission is a juristic person, and as
mandated by the Companies Act, 2008, has jurisdiction throughout the Republic,
is independent, and subject only to the Constitution and the law and any policy
statement, directive or request issued to it by the Minister of Trade and
Industry in terms of this Act.
Amongst various other functions, the CIPC issues practice notes and guidance
notes on company law.