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NATIONAL LEGISLATION OVERVIEWS
NATIONAL LEGISLATION OVERVIEWS
Close
Corporations Act,
No. 69 of 1984
Long
title
To provide for the formation, registration, incorporation, management, control and liquidation of close corporations; and for matters connected therewith.
Table of contents
Legislation Text Access Point
To provide for the formation, registration, incorporation, management, control and liquidation of close corporations; and for matters connected therewith.
Table of contents
| SECTION | TITLE |
| 1. | Definitions |
| PART
I. FORMATION AND JURISTIC PERSONALITY OF CLOSE CORPORATIONS |
|
| 2. | Formation
and juristic personality of close corporations |
| PART
II. ADMINISTRATION OF ACT |
|
| 3. | Registration
Office and register |
| 4. | Registrar |
| 5. | Inspection
and copies of documents in Registration Office |
| 6. | Payment
of fees |
| 7. | Courts
having jurisdiction in respect of corporation |
| 8. | Security
for costs in legal proceedings by corporations |
| 9. | Transmission
of copies of Court orders to Registrar and Master |
| 10. | Regulations |
| 11. | [Repealed by Act
2008_071_224 Sch3 - was entitled "Functions of
standing
advisory committee on company law in relation to corporations"] |
| PART
III. REGISTRATION, DEREGISTRATION AND CONVERSION |
|
| 12. | Founding
statement |
| 13. | Registration
of founding statement |
| 14. | Certificate
of incorporation |
| 15. | Registration
of amended founding statement |
| 16. | Keeping
of copies of founding statement by corporations |
| 17. | No
constructive notice of particulars in founding statement and other
documents |
| 18. |
[Repealed
by Act1997_026_004 - was entitled "_____"] |
| 19. | Undesirable
names and reservation of names |
| 20. | Objections to names [...was entitled "Order to change name"] |
| 21. | Effect of change of name |
| 22. | Formal requirements as to names and registration numbers |
| 22A. |
Improper
references to incorporation in terms of Act [...inserted by
Act
1992_081_004] |
| 23. | Use
and publication of names |
| 24. | Contributions by members |
| 25. | Postal
address and registered office |
| 26. | Deregistration |
| 27. | [Repealed by Act
2008_071_224 Sch3 - was entitled "Conversion of companies into
corporations"] |
| PART
IV. MEMBERSHIP |
|
| 28. | Number
of members |
| 29. | Requirements
for membership |
| 30. | Nature of member's interest |
| 31. | Certificate of member's interest |
| 32. | Representation
of members |
| 33. | Acquisition
of member's interest by new member |
| 34. | Disposal
of interest of insolvent member |
| 34A. |
Attachment and sale in execution of member's interest [...inserted by Act 1997_026_010] |
| 35. | Disposal
of interest of deceased member |
| 36. | Cessation
of membership by order of Court |
| 37. | Other
dispositions of members' interests |
| 38. | Maintenance
of aggregate of members' interests |
| 39. | Payment
by corporation for members' interests acquired |
| 40. | Financial assistance by corporation in respect of acquisition of members' interests |
| 41. | [Repealed by Act 2008_071_224 Sch3 - was entitled "Publication of names of members"] |
| PART V. INTERNAL RELATIONS | |
| 42. | Fiduciary
position of members |
| 43. | Liability
of members for negligence |
| 44. | Association
agreements |
| 45. | No
access to
or constructive notice of association agreements |
| 46. | Variable
rules
regarding internal relations |
| 47. | Disqualified
persons regarding management of corporation |
| 48. | Meetings
of
members |
| 49. | Unfairly
prejudicial conduct |
| 50. | Proceedings against fellow-members on behalf of corporation |
| 51. | Payments by corporation to members |
| 52. | Prohibition
of
loans and furnishing of security to members and others by corporation |
| PART VI. EXTERNAL RELATIONS OFFICERS | |
| 53. | Pre-incorporation
contracts |
| 54. | Power
of
members to bind corporation |
| 55. | [Repealed
by Act
2008_071_224 Sch3 - was entitled "Application of
sections
37 and 226 of Companies Act, 1973"] |
| PART
VII. ACCOUNTING AND DISCLOSURE |
|
| 56. | Accounting
records |
| 57. | Financial
year
of corporation |
| 58. | Annual
financial statements |
| 59. | Appointment
of
accounting officers |
| 60. | Qualifications of accounting |
| 61. | Rights of access and remuneration of accounting officers |
| 62. |
Duties of accounting
officers |
| 62A. |
Application of
accountability
provisions of Companies Act [...inserted by
Act
2008_071_224 Sch3] |
| PART VIII. LIABILITY OF MEMBERS AND OTHERS FOR DEBTS OF CLOSE CORPORATION | |
| 63. | Joint liability for debts of corporation |
| 64. | Liability for reckless or fraudulent carrying-on of business of corporation |
| 65. | Powers of Court in case of abuse of separate juristic personality of corporation |
| PART IX. WINDING-UP | |
| 66. | Application of Companies Act, 1973 |
| 67. | Dissolution of corporations [...was entitled "Voluntary winding-up"] |
| 68. | [Repealed by Act 2008_071_224 Sch3 - was entitled "Liquidation by Court"] |
| 69. | Circumstances under which corporation deemed unable to pay debts. |
| 70. | Repayment by members |
| 71. | Repayment of salary or remuneration by members |
| 72. | Composition |
| 73. | Repayments,
payments of damages and restoration of property by members and others |
| 74. | Appointment
of
liquidator |
| 75. | Vacancies
in
office of liquidators |
| 76. | Refusal
by
Master to appoint nominated person as liquidator |
| 77. | Resignation
and absence of liquidator |
| 78. | First
meeting
of creditors and members |
| 79. | Report
to
creditors and members |
| 80. | Repayments by members of former members |
| 81. | Duties of liquidator regarding liability of members to creditors or corporation |
| PART
X. PENALTIES AND GENERAL |
|
| 82. | Application
of
Companies Act to enforcement of Act [...was entitled "Penalties"] |
| 83. | Short title and commencement |
Legislation Text Access Point
| Versions [To check whether a version has commenced, and how it was commenced, please see the Timeline for the Act, and the Annotated Text for the version.] |
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| As unamended Act 1984_069_000_19840704 | EXT.LINK | REQ.INFO | LINK |
| As amended by Act 1986_038_000 | N/A | REQ.INFO | LINK |
| As amended by Act 1988_064_000 | N/A | REQ.INFO | LINK |
| As amended by Act 1990_017_000 | N/A | REQ.INFO | LINK |
| As amended by Act 1992_081_000 | N/A | REQ.INFO | LINK |
| As amended by Act 1997_026_000 | N/A | REQ.INFO | LINK |
| As amended by Act 2001_022_000 | N/A | REQ.INFO | LINK |
| As amended by Act 2002_039_000 | N/A | REQ.INFO | LINK |
| As amended by Act 2003_016_000 | N/A | REQ.INFO | LINK |
| As amended by Act 2004_012_000 | N/A | REQ.INFO | LINK |
| As amended by Act 2005_025_000 | N/A | REQ.INFO | LINK |
| As amended by Act 2006_024_000* | N/A | REQ.INFO | LINK |
| As amended by Act 2008_071_000 | N/A | REQ.INFO | LINK |
| As amended by Act 2008_071_000 [Alt) | N/A | REQ.INFO | LINK |
| As amended by ... | N/A | REQ.INFO | LINK |
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