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

Regulation 7: Delivery of documents

See s. 6 (10) and (11)

(1) A notice or document to be delivered for any purpose contemplated in the Act or these Regulations may be delivered in any manner––

(a) contemplated in section 6 (10) or (11); or

(b) set out in Table CR 3.

(2) A document delivered by a method listed in the second column of Table CR 3 must be regarded as having been delivered to the intended recipient––

(a) on the date and at the time shown opposite that method, in the third column of that table; or

(b) if the date and time for the delivery of a document referred to in Table CR 3 to a regulatory agency is outside of the office hours of that regulatory agency, as set out in Regulation 165 (2), that document will be deemed to have been delivered on the next business day, subject to Regulation 165 (3).

(3) If, in a particular matter, it proves impossible to deliver a document in any manner provided for in the Act or these regulations––

(a) if any person other than the Tribunal is required to deliver the document, the person may apply to either the Tribunal or the High Court for an order of substituted service; or

(b) if the Tribunal is required to deliver the document, the recording officer of the Tribunal concerned may apply to the High Court for an order of substituted service.

(4) A document that is delivered by fax must include a cover page, and a document that is transmitted by electronic mail must be accompanied by a cover message, in either case setting out––

(a) the name, address, and telephone number of the sender;

(b) either––

(i) the name of the person to whom it is addressed, and the name of that person's attorney, if applicable; or,

(ii) the name or description of the class of intended recipients, if the document is being delivered generally to all the members of a particular class of persons;

(c) the date of the transmission; and

(d) in the case of a fax transmission––

(i) the total number of pages sent, including the cover page; and

(ii) the name and telephone number of the person to contact if the transmission is incomplete or otherwise unsuccessful.

Download Methods and Times for Delivery of Documents

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

References

Professional web sites

Braatvedt, K. (2011, June 15). Notification of Business Rescue Proceedings to Affected Parties Under the New Companies Act 71 of 2008. Legal City.


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