Companies Act, 2008 (Act No. 71 of 2008)

Chapter 1 : Interpretation, Purpose and Application

Part B : Purpose and application

7. Purposes of Act

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The purposes of this Act are to—

(a)promote compliance with the Bill of Rights as provided for in the Constitution, in the application of company law;
(b)promote the development of the South African economy by—
(i)encouraging entrepreneurship and enterprise efficiency;
(ii)creating flexibility and simplicity in the formation and maintenance of companies; and
(iii)encouraging transparency and high standards of corporate governance as appropriate, given the significant role of enterprises within the social and economic life of the nation;
(c)promote innovation and investment in the South African markets;
(d)reaffirm the concept of the company as a means of achieving economic and social benefits;
(e)continue to provide for the creation and use of companies, in a manner that enhances the economic welfare of South Africa as a partner within the global economy;
(f)promote the development of companies within all sectors of the economy, and encourage active participation in economic organisation, management and productivity;
(g)create optimum conditions for the aggregation of capital for productive purposes, and for the investment of that capital in enterprises and the spreading of economic risk;
(h)provide for the formation, operation and accountability of non-profit companies in a manner designed to promote, support and enhance the capacity of such companies to perform their functions;
(i)balance the rights and obligations of shareholders and directors within companies;
(j)encourage the efficient and responsible management of companies;
(k)provide for the efficient rescue and recovery of financially distressed companies, in a manner that balances the rights and interests of all relevant stakeholders; and
(l)provide a predictable and effective environment for the efficient regulation of companies.