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Companies Act, 2008 (Act No. 71 of 2008)

Regulations

Companies Regulations, 2011

Chapter 1 : General Provisions

Part A : Interpretation

2. Definitions

 

See also section 1, and Regulation 2: Definitions in section 1 of the Act apply equally to the regulations

 

In these regulations, unless the context indicates otherwise—

 

(a)        "certified copy"

means a true copy of an original document certified by a person having authority to do so in accordance with the provisions of the Justices of Peace and Commissioner of Oaths Act 16 of 1963 or electronically certified in terms of the Electronic Communications and Transactions Act, 2002 (Act No. 25 of 2002) by a person having authority to do so;

[Definition substituted by section 1(a) of the Companies Amendment Regulations, 2023, Notice No. R. 3444, GG48648, dated 24 May 2023 - resultant from the General Laws Amendment Act, 2022, and comes into effect on the date of publication of this Notice]

 

(aA)        "Financial Intelligence Centre”

means the Financial Intelligence Centre established by section 2 of the Financial Intelligence Centre Act, 2001 (Act No. 38 of 2001);

[Definition inserted by section 1(b) of the Companies Amendment Regulations, 2023, Notice No. R. 3444, GG48648, dated 24 May 2023 - resultant from the General Laws Amendment Act, 2022, and comes into effect on the date of publication of this Notice]

 

(b)        "principal office"

means the principal location within the Republic, as determined in terms of regulation 165 (1), at which a regulatory agency conducts its operations and is accessible to the public;

 

(c)        "publish a notice"

means to publicise information to the general public, or to a particular class of persons as applicable in specific circumstances, by any means that can reasonably be expected to bring the information to the attention of the persons for whom it is intended;

 

(d)        "recording officer"

when used in relation to a particular matter, means—

(i) the officer of the Commission, Panel, or Tribunal, as the case may be, appointed or designated in terms of regulation 167; or
(ii) any assistant or acting recording officer having responsibility for the particular matter;

 

(e)        "regulation"

includes any Table or Form included within, or referred to in, these regulations;

 

(f)        "regulatory agency"

means the Commission, the Panel, or the Companies Tribunal;

 

(g)        "senior officer"

means, in the case of—

(i) the Commission, the Commissioner;
(ii) the Panel, the chairperson of the Panel, designated in terms of section 198; or
(iii) the Companies Tribunal, the chairperson of the Tribunal, appointed in terms of section 194;

 

(h)        "the Act"

means the Companies Act, 2008 (Act No. 71 of 2008), as amended from time to time; and

 

(i)        "Tribunal"

means the Companies Tribunal.

 

 


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