Business rescue regulations
Business rescue regulations are contained in Regulations 123 to 128 of the Companies Regulations, 2011 which are published in terms of section 223, and Item 14 of Schedule 5, of the Companies Act, 2008 (Act No. 71 of 2008),
Purpose of the Companies Regulations
“The Companies Act, 2008 - Development of Regulations - Issues for Discussion” (2009) (this is the initial consultation memo regarding development of regulations of the dti of 27 July 2009) states the following:
"The function of regulations is to amplify certain aspects of the policy and law as enunciated in the Act, addressing matters of procedure, detail or technicality to the extent that Parliament has, through the Act, delegated authority to the Minister to do so. It follows that any proposed regulation must be consistent with the overall policy of the Act, as well as with its specific provisions, and must rest on a foundation of clearly delegated authority."
Purpose of this section on the Companies Regulations
- List each section of the draft regulations.
- Provide information on the interpretation of each section.
- Provide an interactive forum, per section, for discussion and debate to enable a wider understanding of legal and practical aspects of business rescue.
Follow the links to each regulation in the column on the left.
Download forms
| Form | Description | Fee |
| CoR 123.1 | Notice of Beginning of Business Rescue Proceedings | |
| CoR 123.2 | Notice of Appointment of Practitioner | Payment of R 80 filing fee |
| CoR 123.3 | Notice to not Commence Business Rescue Proceedings | |
| CoR 125.1 | Business Rescue Status Report (Notice Concerning Status of Business Rescue Proceedings) | |
| CoR 125.2 | Notice of Termination of Business Rescue Proceedings | R80 filing fee |
| CoR 125.3 | Notice of Substantial Implementation of a Business Rescue Plan | |
| CoR 126.1 | Application for Practitioner's License | Payment of R 500 application fee |
| CoR 126.2 | Registration Certificate (Certificate of Practitioner License) |
Companies and Intellectual Properties Commission - Practice Notes
- Practice Note 1 of 2011 – Postal and Physical address requirements
- Practice Note 2 of 2011 – Deregistration and Re-instatement procedure
- Practice Note 3 of 2011 – Reproduction and distribution of forms
- Practice Note 4 of 2011 – Incorporators
- Practice Note 5 of 2011 – Directors' contact details on CoR14.1 Annexure A and CoR39
- Practice Note 6 of 2011 – External Company Detail
Professional publications
Proposed Companies Regulations – Some Points to Note. (2010, December 5). Webber Wentzel Attorneys.
Professional web sites
Draft Companies Regulations, 2011. (2010, November 29). Department of Trade and Industry.
Impacting Policy: USAID FSP and the Revised Draft Regulations Under the Companies Act. (2010, December). FSP Financial Sector Program.
Stakeholders Invited to Provide Comments on the Consumer Protection and Companies Regulations. (2010, November 30).
Media articles
New Companies Act 2008 Regulations Finally Published! (2010, January 20). Deneys Reitz Attorneys.
Acts and Regulations
Business rescue provisions in Chapter 6 of the Companies Act No. 71 of 2008 
(323k).
Ondernemingreddingbepalings in Hoofstuk 6 van die Maatskappywet No. 71 of 2008 (333k).
Business rescue provisions in Chapter 6 of the Companies Amendment Act No. 3 of 2011 (279k)
Business rescue provisions in Chapter 6 of the Companies Amendment Act No. 3 of 2011 (English/Afrikaans version) (792k)
Business rescue provisions in Chapter 6 of the unofficial LexisNexis Consolidated Companies Act (105k)
Business rescue provisions in Chapter 6 of the Companies Regulations, 2011 (62k)
Companies Act No. 71 of 2008 (829k).
Mastskappywet No. 71 of 2008 (545k).
Companies Amendment Act No. 3 of 2011 (2 000k).
Companies Amendment Act No. 3 of 2011 (English/Afrikaans version) (5 920k).
Unofficial LexisNexis Consolidated Companies Act (945k).
Companies Regulations, 2011 (951k).
The Companies Act, 2008 - Development of Regulations - Issues for Discussion
Business rescue regulations
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