CRS Business Rescue
In-depth analysis of the business rescue provisions contained in the Companies Regulations, 2011

Section 6: Anti-avoidance, exemptions and substantial compliance

(10) If, in terms of this Act, a notice is required or permitted to be given or published to any person, it is sufficient if the notice is transmitted electronically directly to that person in a manner and form such that the notice can conveniently be printed by the recipient within a reasonable time and at a reasonable cost.

(11) If, in terms of this Act, a document, record or statement, other than a notice contemplated in subsection (10), is required—

(a) to be retained, it is sufficient if an electronic original or reproduction of that document is retained as provided for in section 15 of the Electronic Communications and Transactions Act; or

(b) to be published, provided or delivered, it is sufficient if—

(i) an electronic original or reproduction of that document, record or statement is published, provided or delivered by electronic communication in a manner and form such that the document, record or statement can conveniently be printed by the recipient within a reasonable time and at a reasonable cost; or

(ii) a notice of the availability of that document, record or statement, summarising its content and satisfying any prescribed requirements, is delivered to each intended recipient of the document, record or statement, together with instructions for receiving the complete document, record or statement.


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Business rescue provisions in the Companies Acts and Regulations

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