Section 189 Corporations Act

Applies in such manner and containing such particulars as may be prescribed and after.

Section 189 corporations act. Ofall contracts or arrangements to which sub section 2 of section 184 orsection 188. I an employee of the corporation whom the director believes on reasonable grounds to be reliable and competent in relation to the matters concerned. Section 189 1 of the lra provides that before retrenching employers must consult any person whom the employer is required to consult in terms of any collective agreement that may be in force.

1 every company shall keep one or more registers giving separately theparticulars. Therefore section 189 of the companies act 2013 is mandatory and should be complied with in case of an increase in the number of directors. If such an increase is contemplated with reference to a general meeting then a special resolution should have been passed for the appointment of directors.

If there is no collective agreement meetings should be held with all employees that could be affected by the retrenchment. Every director of the company commits an offence and is liable on conviction to the penalty set out in section 374 2. 12 1 a corporation shall not be incorporated or continued as a corporation under this act with have carry on business under or identify itself by a name a that is as prescribed prohibited or deceptively misdescriptive.

Register ofcontracts or arrangements in which directors are interested. Corporation tax act 2010 section 189 is up to date with all changes known to be in force on or before 26 september 2020. Corporations act 2001 sect 187 directors of wholly owned subsidiaries.

A the constitution of the subsidiary expressly authorises the director to act in the best interests of the holding company. Retrenchment in terms of section 189a ccma info sheet. Corporations act 2001 sect 189 reliance on information or advice provided by others.

Retrenchment in terms of s189a for more information contact the ccma operations information department on 011 377 6650 or the call centre on 0861 16 16 16 introduction this section applies to employers employing more than 50 employees if the employer intends retrenching. A a director relies on information or professional or expert advice given or prepared by. There are changes that may be brought into force at a future date.