Companies Act, 2008 (Act No. 71 of 2008)Chapter 9 : Offences, Miscellaneous Matters and General ProvisionsPart C : Regulations, consequential matters and commencement223. Regulations |
| (1) | The Minister— |
| (a) | may make any regulations expressly authorised or contemplated elsewhere in this Act, in accordance with subsection (2); |
| (b) | in consultation with the Commission, and by notice in the Gazette, may make regulations for matters relating to the functions of the Commission, including— |
| (i) | forms; |
| (ii) | time periods; |
| (iii) | information required; |
| (iv) | additional definitions applicable to those regulations; |
| (v) | filing fees; |
| (vi) | access to confidential information; |
| (vii) | manner and form of participation in Commission procedures; and |
| (viii) | forms of Memorandum of Incorporation and requirements concerning the offering of securities; |
| (c) | in consultation with the Chairperson of the Panel, and by notice in the Gazette, may make— |
| (i) | regulations for matters relating to the functions of the panel, respectively; and |
| (ii) | rules for the conduct of matters before the Panel; and |
| (d) | may make regulations regarding— |
| (i) | any forms required to be used for the purposes of this Act; and |
| (ii) | in general, any ancillary or incidental matter that is necessary for the proper implementation and administration of this Act. |
| (2) | Before making any regulations in terms of this Act, the Minister must publish the proposed regulations for public comment, subject to subsection (3). |
| (3) | In the case of regulations prescribing financial reporting standards as contemplated in section 29(4)(a), the provisions of subsection (2) do not apply. |
| (4) | A regulation in terms of this Act must be made by notice in the Gazette. |