According to the judgement in Sibakhulu Construction (Pty) Ltd v edgewood Village Golf and Country Estate (Pty) Ltd it will no longer be possible for a company to use an address chosen for convenience (e.g. of its auditors) as its registered address.
According to Webber Wentzel, the judgment highlights the changes introduced by
the 2008 Act relating to a company’s registered office as well as the impact of
these changes on the court having jurisdiction over proceedings involving the
company in certain circumstances.
Judge Binns-Ward found that under the
2008 Act:
• a company’s registered address must be the address of its office;
• if the company has more than one office, its ‘principal office’ must be its
registered office in accordance with section 23(3). The term ‘principal office’
is not defined in the 2008 Act. Looking at the 2008 Act’s requirements as to
what must be kept at its registered office (sections 24 and 28), the court
concluded that the principal office should be the place where “the
company’s general administration is centred” in other words where the
“administrative business of the company is principally conducted”;
• the transitional provisions in Schedule 5 of the Act do not deal with a
pre-existing company’s registered office and accordingly section 23(3) applies
equally to such companies (a ‘pre-existing company’ is a company that was incorporated
before 1 May 2011 under the Companies Act 1973); and
• the place where the company’s registered office is situated determines where
a company resides and therefore which court has jurisdiction in proceedings
affecting the status of a company, such as liquidation and business rescue
proceedings. (Before the 2008 Act came into effect, it was possible for a
company to reside at more than one place and one could elect to institute
proceedings using, for example, either the place of its registered office or
its principal office.)
It is important to note that:
• Company management should ensure that CIPC’s records reflect the company’s
registered office as its address. If there is more than one office, then the
address of the principal office should be used;
• It will no longer be possible for a company to use an address chosen for
convenience (e.g. of its auditors) as its registered address; and
• A company can change its registered office by filing a notice of change of
registered office with the CIPC. There is no filing fee payable.
Linkedin blog by Henk Heymans – ProBeta
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The Beats by Doctor. Dre pink Pill business will premiere during “American Idol” upon Wednesday, April 10. In the behind-the displays clip, Nicki can be noticed acting alongside comedian DeRay Davis.
Love fest or no, this was never going as a Steve and Woz instant of geek kinship. This was business through the start-and while Noel is aware of it now (Jimmy needed to “own both ends, ” he says), Monster didn’t show very much acumen when it mattered. Monster wanted to jumpstart it is headphone business. Badly. In the turmoil with the mid-00s, Dre and Jimmy necessary to find something other as compared to records to monetize. Badly. But the money arrangement was destined for being dominated by Iovine, a man who’d gone face to face with Steve Jobs, and ran a new music empire-not some small elegant cable firm. The Monsters knew that in case they could harness Dre’s “entertainment and sports” contacts they are able to launch their company in to the mainstream. They were right, but they were also woefully underprepared for that path to success; in the process, they blew almost every business decision possible.
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