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Non compliance with some of these Acts can attract penalties and even prison sentences.

We've listed some Acts that regulate and affect business in SA. There are additional Acts that relate to specific industries. Non-compliance with any of these Acts can:

  1. attract penalties ranging from fines of a few hundred rand to imprisonment for 10 years plus a monetary fine;

  2. make members of Close Corporation or company personally liable for the debt of the Close Corporation
The responsibility for compliance rests solely with Management. In the case of:

  1. a Close Corporation the members

  2. a Company the directors & public officer
Reporting of irregularities Accounting Officers (in the case of Close Corporations) and Auditors (in the case of Companies) have a duty by law to report certain offences and / or to qualify the accounting officers report (Close Corporations) or the Audit Report (Companies)

Some of the laws regulating and affecting business in South Africa

  1. Companies Act of 2008 as amended Sets out the penalties applicable to various offences (ranging from nominal fines to a maximum penalty monetary fine plus 10 Years imprisonment)

    Duties of Directors - Non Compliance is an Offence

    Section of Act Description
       
    234 / 241 A Director has a duty to disclose any interests in contracts and the company must keep a register of such interest
       
    242 The Directors must keep minutes of all their meetings and keep a register of these minutes
       
    216 The Directors must ensure that a register of Directors and Officers is kept
       
    245 The Directors must Maintain an attendance register iro directors meetings. This register to be signed by Directors attending meetings
       
    226 No Loan may be made to any Director without the consent of all members of the company and recorded in a special resolution
       
    Section of Act Description Maximum Penalty
         
    302 The company must send Financial Statements to its members 21 days before the AGM A fine plus 6 months imprisonment
         
    284 A company must keep accounting records as prescribed A fine plus 2 Years imprisonment
         
    286 A company must produce annual Financial Statements A fine plus 6 months imprisonment
         
    287 It is an Offence to issue incomplete financial statements A fine plus 3 months imprisonment
         
  2. Close Corporations Act, 1984

    Some of the possible contraventions
         
    Section of Act Description Maximum Penalty
         
    52 A corporation shall not, directly or indirectly, make a loan to any of its members, to any other corporation in which one or more of its members together hold more than a 50 per cent interest; or to any company or other juristic person controlled by one or more members of the corporation R2000 plus 2 Years imprisonment
         
    56 A corporation must keep accounting records as prescribed R2000 plus 2 Years imprisonment
         
    58 A corporation must produce annual Financial Statements R1000 plus 1 Years imprisonment
         
    23 The corporation to display its full registered name and registration number in a conspicuous position on the outside of its registered office R500 plus 6 months imprisonment
       
    When members of the Corporation become personally liable for the debts of the corporation
       
    Section of Act Description
       
    24 Not Paying the members Contribution
       
    22 Using the Name of the corporation without the abbreviation "CC" NB IN CAPITAL LETTERS
       
    39 / 40 Where the corporation pays for the acquisition members interest or gives financial assistance for any acquisition of members interest
       
    47 Where a person, who is disqualified from doing so, takes part in the management of the corporation
       
    63 Failing to appoint an accounting officer or if the office of the accounting officer is vacant for more than six months
       
  3. Other Acts

    Section of Act Comments
       
    Unemployment Insurance Contributions Act And Unemployment Fund Act
    1. Employee is any person that is remunerated for work done (ie casual staff as well)

    2. Every Employer must register his employees with this Fund

    3. Pay over the employers and Employees contributions monthly

    4. Non Compliance carries a maximum penalty of a fine plus 12 months imprisonment
       
    Income Tax Act
    • Companies and close corporations must:
      • Submit Annual Tax Return
      • Submit provisional tax Returns every six months
      • Pay the taxes due
    • Every Employer must register his employees with this Fund
       
    Compensation Act This act was introduced to compensate workers and their dependants for death or injury on whilst on duty. Employers must register & submit annual returns. Failure to do so can result in the Fund recovering costs from the employer
       
    Value Added Tax Act Any business with a turnover of more than R 300,000 is liable to register for VAT and submit the required returns
       
    226 No Loan may be made to any Director without the consent of all members of the company and recorded in a special resolution
       
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