See section 223 (1)(b) and (d)(i)
| (1) | Whenever a document is required— |
| (a) | in terms of a section of the Act that is listed in column 1 of Table CR 1, or a provision of these regulations that is listed in column 1 of Table CR 1; and |
| (b) | for a purpose listed in column 2 of Table CR 1, |
the document must be substantially in the form of the annexure listed opposite that section number in column 3 of that Table, and must be produced, delivered, or filed as the case may be subject to any conditions or requirements listed opposite that section number in column 4 of that Table.
[Regulation 5(1)(b) substituted by section 2(a) of the Companies Amendment Regulations, 2023, Notice No. R. 3444, GG48648, dated 24 May 2023 - resultant from the General Laws Amendment Act, 2022, and comes into effect on the date of publication of this Notice]
| (1A) | The Commission may at any time, and on a continual basis, verify the following information filed with it— |
| (a) | the name and registration number of the company or external company; |
| (b) | the legal type and status of the company or external company; |
| (c) | the address of the registered office of the company or external company; |
| (d) | the memorandum of incorporation or other similar constitutional or founding documents of the company or external company, and |
| (e) | a list of all the directors’ full names together with: |
| (i) | identity numbers (if South African); or |
| (ii) | passport numbers, country of issue, and country of birth (if non-South African and where country of issue and country of birth differ), of the company or external company. |
[Regulation 5(1A) inserted by section 2(b) of the Companies Amendment Regulations, 2023, Notice No. R. 3444, GG48648, dated 24 May 2023 - resultant from the General Laws Amendment Act, 2022, and comes into effect on the date of publication of this Notice]
| (2) | A regulatory agency may at any time require, or cause, the verification of any information and any documentation filed with the regulatory agency as contemplated in this regulation 5 and may for such purpose— |
| (a) | require the company or external company who filed, or the person seeking to file, information or the copy or certified copy of a document to provide— |
| (i) | a certified copy of the document; and |
| (ii) | written confirmation signed by such person, or an authorised representative of the company or external company, that the documentation or information disclosed to the regulatory agency at the time of the filing is truthful and complete; and |
| (iii) | such other supporting information or documentation which the regulatory agency may reasonably require to verify the information and/ or documentation filed or to be filed with it; and |
| (b) | liaise with any regulatory authority, foreign or international authority or any other person or entity on matters of common interest, and without limiting the generality of this regulation, may exchange information with, and receive information from, any such regulatory authority, foreign or international authority or any other person in order to verify any information or documentation filed or to be filed with the regulatory agency. |
[Regulation 5(2) substituted by section 2(c) of the Companies Amendment Regulations, 2023, Notice No. R. 3444, GG48648, dated 24 May 2023 - resultant from the General Laws Amendment Act, 2022, and comes into effect on the date of publication of this Notice]
| (3) | The Commission may from time to time by written notice request a company to file a certified copy of any document that had previously been filed under the Act or these regulations, provided that no prescribed fee that would normally be required when filing any such document will be payable when filing the certified copy in compliance with the request. |
[Regulation 5(3) substituted by section 2(d) of the Companies Amendment Regulations, 2023, Notice No. R. 3444, GG48648, dated 24 May 2023 - resultant from the General Laws Amendment Act, 2022, and comes into effect on the date of publication of this Notice]
| (4) | The Commission is required to keep proper files and records of— |
| (a) | the information listed under subregulation 5(1A); and |
| (b) | any records contemplated under regulation 121A, |
and all supporting documentation in relation thereto, which is filed with the Commission by, and in respect of, a company or external company in accordance with these regulations for a minimum period of 5 years after such company or external company has been dissolved.
[Regulation 5(4) inserted by section 2(e) of the Companies Amendment Regulations, 2023, Notice No. R. 3444, GG48648, dated 24 May 2023 - resultant from the General Laws Amendment Act, 2022, and comes into effect on the date of publication of this Notice]
| (5) | Without limiting regulation 5(4) above, the records— |
| (a) | may be kept in electronic form, provided that— |
| (i) | the records must at all times be capable of being reproduced in legible format and retrieved to a readable and printable form, including by converting the records from legacy to later systems, storage media, or software, to the extent necessary from time to time; and |
| (ii) | the Commission must provide adequate precautions against loss of the records as a result of damage to, or failure of, the media on which the records are kept; and |
| (b) | must be brought up to date as and when a compliant notice of change to any of the information listed under subregulation 5(1A) of a company is received and processed by the Commission. |
[Regulation 5(5) inserted by section 2(e) of the Companies Amendment Regulations, 2023, Notice No. R. 3444, GG48648, dated 24 May 2023 - resultant from the General Laws Amendment Act, 2022, and comes into effect on the date of publication of this Notice]
