Acts Online
GT Shield

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

Chapter 8 : Regulatory Agencies and Administration of Act

Part A : Companies and Intellectual Property Commission

185. Establishment of Companies and Intellectual Property Commission

 

 

 

1) The Commission is hereby established as a juristic person to function as an organ of state within the public administration, but as an institution outside the public service.

 

2) The Commission—
a) has jurisdiction throughout the Republic;
b) is independent, and subject only to—
i) the Constitution and the law; and
ii) any policy statement, directive or request issued to it by the Minister in terms of this Act;
c) must be impartial and perform its functions without fear, favour, or prejudice; and
d) must exercise the functions assigned to it in terms of this Act or any other law, or by the Minister, in—
i) the most cost-efficient and effective manner; and
ii) in accordance with the values and principles mentioned in section 195 of the Constitution.

 

3) Each organ of state must assist the Commission to maintain its independence and impartiality, and to exercise its authority and perform its functions effectively.

 

4) Except to the extent prescribed otherwise by or in terms of this Act, a certificate, notice, decision, determination or ruling issued or made with respect to any particular matter contemplated in this Act by —
a) the Commissioner; or
b) a person designated by the Commissioner to perform a particular function of the Commission

is the certificate, notice, decision, determination or ruling of the Commission with respect to that matter.