What structural changes are proposed by the new Companies Act?

The Act proposes the establishment of one new institution, and the reformation/transformation of three existing company law entities, which together will provide for a more predictable regulatory and enforcement system.

The four institutions are:

  • The Companies and Intellectual Property Commission (CIPC), a new entity being formed via a merger between The Office of Company and Intellectual Property Enforcement (OCIPE) and the Companies and Intellectual Property Registration Office (CIPRO)
  • The Takeover Regulation Panel, reforming the current Securities Regulation Panel
  • The Financial Reporting Standards Council: an entity mandated to review the financial reporting standards within the South African context and to propose to the Minister any amendments thereto
  • The Companies Tribunal: a new entity focusing on expeditious alternate dispute resolution mechanisms within companies as well as providing for reviews of decisions made by the Commission to affected parties

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