n Without Prejudice - Clarity on company de-/re-registrations : company law
|Article Title||Clarity on company de-/re-registrations : company law|
|© Publisher:||JetBlue Publishers (Pty) Ltd|
|Publication Date||May 2015|
|Pages||6 - 7|
The Supreme Court of Appeal has now had what should be the final word on this topic: when the Companies and Intellectual Property Commission (CIPC) reinstates a deregistered company under s82(4) of the Companies Act (71 of 2008) there is full retrospective reinstatement of the company and, if a third party feels prejudiced with that result, he can apply to court for a just and equitable order under s83(4). The case in question is Newlands Surgical Clinic v Peninsula Eye Clinic (086/2014)  ZASCA 25 (20 March).
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