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


Companies Regulations, 2011

Chapter 2 : Formation, Administration and Dissolution of Companies

Part F : Governance of Companies

35. Pre-incorporation contracts


See section 21(3)


(1) A person may give notice to a company of a pre-incorporation contract or action contemplated in section 21 (1), by filing, and delivering to the company, a notice in Form CoR 35.1.


(2) If the board of a company has completely or partially rejected, or completely or partially ratified, a pre-incorporation contract or action of which it has received notice, as contemplated in section 21 (3), the company must, within five business days—
(a) file a notice of its decision with respect to that contract or action in Form CoR 35.2; and
(b) deliver a copy of that notice to each person who is a party to the contract or materially affected by the action.