Companies Act No. 61 of 1973

South Africa

(amended through 2004)

The Companies Act No. 61 of 1973 regulates companies, an institutional form of many microfinance institutions in South Africa.

This law is organized as follows:

  • Chapter I Application of Act;
  • Chapter II Administration of Act;
  • Chapter III Types and Forms of Companies, Conversions and Limitation on Partnerships and Associations;
  • Chapter IV Formation, Objects, Capacity, Powers, Names, Registration and Incorporation of Companies, Matters Incidental Thereto and Deregistration;
  • Chapter V Share Capital, Acquisition by Companies of Own Shares, Shares, Allotment and Issue of Shares, Members and Register of Members, Debentures, Transfers, and Restrictions on Offering Shares for Sale;
  • Chapter VI Offerings of Shares and Prospectus;
  • Chapter VII Administration of Companies;
  • Chapter VIII Directors;
  • Chapter IX Remedies of Members;
  • Chapter X Auditors;
  • Chapter XI Accounting and Disclosure;
  • Chapter XII Compromise, Amalgamation, Arrangement and Take-overs;
  • Chapter XIII External Companies;
  • Chapter XIV Winding-up of Companies;
  • Chapter XV Judicial Management;
  • Chapter XVI Penalties for Offenses; and
  • Chapter XVII Repeal of Laws and Commencement of Act.

This act was further amended by Amendment No. 20  of 2004 which can be found under “Related Amendments.”