In 2013, I wrote about two questions which were causing interpretation confusion and uncertainty since the advent of the Companies Act, 71 of 2008 ("Companies Act"), ('Company reinstatements: conundrum and clarity' Without Prejudice Journal, Vol. 13. No.6, July 2013 (see here also). I argued that it will take a decision of the Supreme Court of Appeal of South Africa ("SCA") to answer these questions and therefore remove the confusion and uncertainty. The first question was whether or not the reinstatement –in terms of s 82(4) of the Companies Act– of a company which was deregistered for failure to lodge annual returns has automatic retrospective effect. The second question related to the scope of s 83(4) of the Companies Act.

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Written by Siyabonga Shandu, Director, Tony Tshivhase Inc.