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

Chapter 9 : Offences, Miscellaneous Matters and General Provisions

Part C : Regulations, consequential matters and commencement

223. Regulations

 

 

1) The Minister—
a) may make any regulations expressly authorised or contemplated elsewhere in this Act, in accordance with subsection (2);
b) in consultation with the Commission, and by notice in the Gazette, may make regulations for matters relating to the functions of the Commission, including—
i) forms;
ii) time periods;
iii) information required;
iv) additional definitions applicable to those regulations;
v) filing fees;
vi) access to confidential information;
vii) manner and form of participation in Commission procedures; and
viii) forms of Memorandum of Incorporation and requirements concerning the offering of securities;
c) in consultation with the Chairperson of the Panel, and by notice in the Gazette, may make—
i) regulations for matters relating to the functions of the panel, respectively; and
ii) rules for the conduct of matters before the Panel; and
d) may make regulations regarding—
i) any forms required to be used for the purposes of this Act; and
ii) in general, any ancillary or incidental matter that is necessary for the proper implementation and administration of this Act.

 

2) Before making any regulations in terms of this Act, the Minister must publish the proposed regulations for public comment, subject to subsection (3).

 

3) In the case of regulations prescribing financial reporting standards as contemplated in section 29(4)(a), the provisions of subsection (2) do not apply.

 

4) A regulation in terms of this Act must be made by notice in the Gazette.