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),
“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."
Follow the links to each regulation in the column on the left.
|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)|
Proposed Companies Regulations – Some Points to Note. (2010, December 5). Webber Wentzel Attorneys.
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.
New Companies Act 2008 Regulations Finally Published! (2010, January 20). Deneys Reitz Attorneys.
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 Regulations, 2011 (951k).
Part A – Business Rescue Proceedings
Part B – Business Rescue Practitioners