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

Companies Regulations, 2011

Annexures

Annexure 3

Table CR 3 - Methods and Times for Delivery of Documents (in terms of Regulation 7)

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A notice or document to be delivered for any purpose contemplated in the Act or these regulations may be delivered in any manner set out in this Table.

 

Subject to regulation 7 (2)(b), a document delivered by a method listed in the second column of this Table will be deemed to have been delivered to the intended recipient on the date and at the time shown opposite that method, in the third column of that table.

 

Nature of Person to whom the document is to be delivered

Method of Delivery

Date and Time of Deemed delivery

ANY PERSON

By faxing the notice or a certified copy of the document to the person, if the person has a fax number; or

On the date and at the time recorded by the fax receiver, unless there is conclusive evidence that it was delivered on a different date or at a different time.


By sending the notice or a copy of the document by electronic mail, if the person has an address for receiving electronic mail; or

On the date and at the time recorded by the computer used by the sender, unless there is conclusive evidence that it was delivered on a different date or at a different time.


By sending the notice or a certified copy of the document by registered post to the person's last known address; or

On the 7th day following the day on which the notice or document was posted as recorded by a post office, unless there is conclusive evidence that it was delivered on a different day.


By any other means authorised by the High Court; or

In accordance with the order of the High Court.


By any other method allowed for that person in terms of the following rows to this Table.

As provided for that method of delivery.

ANY NATURAL PERSON

By handing the notice or a certified copy of the document to the person or to any representative authorised in writing to accept service on behalf of the person; or

On the date and at the time recorded on a receipt for the delivery.


By leaving the notice or a certified copy of the document at the person's place of residence or business with any other person who is apparently at least 16 years old and in charge of the premises at the time; or

On the date and at the time time recorded on a receipt for the delivery.


By leaving the notice or a certified copy of the document at the person's place of employment with any person who is apparently at least 16 years old and apparently in authority

On the date and at the time recorded on a receipt for the delivery.

THE TRIBUNAL

By entering the required information in an electronic representation of that form on the internet website, if any, maintained by the Tribunal, if the document is a prescribed form; or

On the date and at the time recorded by the Tribunal's computer system, as verified by fax reply to the sender of the information.


By transmitting the document as a separate file attached to an electronic mail message addressed to the recording officer of the Tribunal; or

On the date and at the time recorded by the Tribunal's computer system, unless, within 1 business day after that date, the recording officer advises the sender that the file is unreadable.


By sending a computer disk containing the document in electronic form, by registered post addressed to the recording officer of the Tribunal; or

On the date and at the time of delivery of the registered post to the recording officer of the Tribunal, as recorded by the post office, unless, within 1 business day after that date, the recording officer advises the sender that the disk is unreadable.


By handing the document, or a computer disk containing the document in electronic form, to the recording officer of the Tribunal.

On the date and at the time noted in a receipt the issued by the recording officer of the Tribunal unless, the document is on a computer disk, and, within 1 business day after that date, the recording officer advises the sender that the disk is unreadable.

THE COMMISSION

By entering the required information in an electronic representation of that form on the internet website, if any, maintained by the Commission, if the document is a prescribed form; or

On the date and at the time recorded by the Commission's computer system, as verified by fax reply to the sender of the information.


By transmitting the document as a separate file attached to an electronic mail message addressed to the Commission; or

On the date and at the time recorded by the Commission's computer system, unless, within 1 business day after that date, the Commission advises the sender that the file is unreadable.


By sending a computer disk containing the document in electronic form, by registered post addressed to the Commission; or

On the date and at the time of delivery of the registered post to the Commission, as recorded by the post office, unless, within 1 business day after that date, the Commission advises the sender that the disk in unreadable.


By handing the document, or a computer disk containing the document in electronic form, to the Commission, or a responsible employee who is apparently in charge of the Commission's office.

On the date and at the time noted in a receipt issued by the Commission unless, the document is on a computer disk, and, within 1 business day after that date, the Commission advises the sender that the disk is unreadable.

A COMPANY OR SIMILAR BODY CORPORATE

By handing the notice or a certified copy of the document to a responsible employee of the company or body corporate at its registered office or its principal place of business within the Republic; or

On the date and at the time recorded on a receipt for the delivery.


If there is no employee willing to accept service, by affixing the notice or a certified copy of the document to the main door of the office or place of business.

On the date and at the time sworn to by affidavit of the person who affixed the document, unless there is conclusive evidence that the document was affixed on a different date or at a different time.

THE STATE OR A PROVINCE

By handing the notice or a certified copy of the document to a responsible employee in any office of the State Attorney

On the date and at the time recorded on a receipt for the delivery

A MUNICIPALITY

By handing the notice or a certified copy of the document to the town clerk, assistant town clerk or any person acting on behalf of that person.

On the date and at the time recorded on a receipt for the delivery

A TRADE UNION

By handing the notice or a certified copy of the document to a responsible employee who is apparently in charge of the main office of the union or for the purposes of section 13(2), if there is a union office within the magisterial district of the firm required to notify its employees in terms of these reguIations, at that office.

On the date and at the time recorded on a receipt for the delivery.


If there is no person willing to accept service, by affixing a certified copy of the notice or document to the main door of that office

On the date and at the time sworn to by affidavit of the person who affixed the document, unless there is conclusive evidence that the document was affixed on a different date or at a different time.

EMPLOYEES OF FIRM

By fixing the notice or certified copy of the document, in a prominent place in the workplace where it can be easily read by employees.

On the date and at the time sworn to by affidavit of the person who affixed the document, unless there is conclusive evidence that the document was affixed on a different date or at a different time.

A PARTNERSHIP, FIRM OR ASSOCIATION

By handing the notice or a certified copy of the document to a person who is apparently in charge of the premises and apparently at least 16 years of age, at the place of business of the partnership, firm or association; or

On the date and at the time recorded on a receipt for the delivery.


If the partnership, firm or association has no place of business, by handing the notice or a certified copy of the document to a partner, the owner of the firm, or the chairman or secretary of the managing or other controlling body of the association, as the case may be.

On the date and at the time recorded on a receipt for the delivery.

A STATUTORY BODY OTHER THAN THE COMMISSION AND TRIBUNAL

By handing the notice or a certified copy of the document to the secretary or similar officer or member of the board or committee of that body, or any person acting on behalf of that body.

On the date and at the time recorded on a receipt for the delivery.