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

Notice No. 3805

18 August 2023

GG 49140

Department of Trade, Industry and Competition

Important Notice

This notice is issued in terms of Regulation 169(1) of the Companies Regulations, 2011, under the Companies Act of 2008 (Act 71 of 2008) ("The Act").

Section 6(10) of the Act states that where a notice is required or permitted to be given or published to any person, it is sufficient if the notice is transmitted electronically directly to that person in a manner and form such that the notice can conveniently be printed by the recipient within a reasonable time and at a reasonable cost. This section must also be read with Table CR3 of Annexure 3 of the Companies Regulations, 2011 as amended, which further state that a notice or document can be delivered to any person by the Commission by sending the notice or copy of the document by electronic mail if the person has an address for receiving electronic mail.

Therefore, in order to effectively enable such provision the Companies and Intellectual Property Commission ("the Commission"), from 1 July 2023 will regard the below, in addition to registered and postal addresses, as domicilium et executandi (and as verified communication specifically in terms of Companies Regulation 40(2)) for purposes of issuing notices and legal notices by the Commission in terms of the Act and any other legislation to be enforced by the Commission, as stated in Schedule 4 of the Act:—

1.        Cell phone number of directors and members,

2.        E-mail address of the company, close corporation or co-operative, and

3.        E-mail address of directors and members.

The above will be effective from 1 July 2023.

Adv. Rory W Voller

Commissioner: CIPC

The dti Campus (Block F - Entfutfukweni), 77 Meintjies Street, Sunnyside, Pretoria  l  P O Box 429, Pretoria, 0001

Call Centre: 086 100 2472

Website: www.cipc.co.za