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

Companies Regulations, 2011

Chapter 7 : Complaints, Applications and Tribunal Hearings

Part D : Commission or Panel Complaint and Investigation Procedures

140. Procedures following investigation

 

 

See section 170

 

(1) A Notice of Referral by the Commission or the Panel of a complaint to another regulatory agency, as contemplated in section 170 (1)(b), must be in form CoR 140.1 and delivered to the complainant, the respondent, and the other relevant regulatory agency.

 

(2) A Notice of Non-referral issued by the Commission or the Panel, as contemplated in section 170 (1)(c), must be in Form CoR 140.2.

 

(3)        A Complaint Referral to the Tribunal must be in Form CTR 140, and—

(a)        may allege alternative contraventions of the Act based on the same facts; and

(b)        must be supported by an affidavit setting out in numbered paragraphs—

(i)        a concise statement of the particulars of the complaint; and

(ii)        the points of law, or material facts relevant to the complaint; and

(c)        must be served on each person named as a respondent.