BR Members: CIPC Dialogue

05 May 2020, updated 07 May 2020

Letter to CIPC on 05 May:

We refer to the CIPC Notice 23 of 2020 (the notice) that was circulated by SARIPA yesterday. A copy of such notice is again attached for your reference.

In response to that notice, our Chairperson, Dr Eric Levenstein has addressed a letter to the Commissioner of CIPC, Dr Rory Voller. A copy of such letter is attached.

The attached letter seeks clarification from Dr Voller as to the statement made in the notice relevant to CIPC not recognising section 129 resolutions for business rescue filed in the period 24 March 2020 to 30 April 2020. Suggestions made by SARIPA are set out in such letter and where we are hoping that CIPC reverse their decision and proceed to recognise such resolutions as being compliant with Chapter 6 of the Companies Act.

Please note that SARIPA remains aligned to the views expressed in our Practice and Supplementary Practice Notes on this issue, copies of which are also attached for reference purposes.

We will follow up with Dr Voller and hopefully be in a position to report to you further in due course.

CIPC Notice 7 May 2020:

Please see below the attached notice from the CIPC which addresses our concerns raised with regard to Notice 23 of 2020.

Stay safe and healthy.

René Bekker

  CIPC Notice 23 of 2020: Recommencement of Services (30 April 2020)

  Letter from SARIPA Chairperson to CIPC Commissioner re CIPC Notice 23 (04 May 2020)

  Notice from CIPC Commissioner on Business Rescue Filing (07 May 2020)