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Seminar on legislative shortcomings in implementing the Tribunal’s mandate


Posted on 30 Nov 2020

Date of the event: 5 Mar 2021
Time: 9:00am-1:00pm
Venue: Gordon Institute of Business Science (GIBS)

The Companies Tribunal (the Tribunal) in partnership with the Department of Mercantile Law in the Faculty of Law at the University of Pretoria, hosted a seminar on ‘Legislative shortcomings in implementing the Tribunal’s mandate’.

 

The Companies Tribunal (the Tribunal) was established in terms of section 193 of the Companies Act 71 of 2008 (the Act) to adjudicate applications made in terms of the Act, and to provide Alternative Dispute Resolution to companies. It has jurisdiction throughout the Republic of South Africa, and is obligated to perform its functions transparently, impartially and without fear, favour or prejudice.

 

The seminar included expert panel discussions and robust engagement. The following topics, as contextualised by the mandate of the Companies Tribunal were discussed:

 

Discussion points

  1. Improving the functioning of business rescue: this discussion point will deal with the following matters in the context of business rescue
  • The draft Companies Amendment Bill
  • Proposals made by the Specialist Committee on Company Law
  • The Alternative Dispute Resolution role of the Companies Tribunal

 

  1. Practical problems relating to adjudication and the alternative dispute resolution functions of the Companies Tribunal in the context of
  • Authority to order the Companies Intellectual Property Commission to change names
  • Substituted service
  • Authority to vary or rescind its own decisions
  • Authority to close applications where parties lost interest or do not attend to filing pleadings within a reasonable time
  • Jurisdiction over non-profit companies

 

  1. Recent noteworthy local and international company law developments

 

For enquiries contact

S Khoza +27 (0)12 394 1800