The Citizen (KZN)

More firms in need of rescue

- Compliance breathing space

to not invoke reckless trading provisions against companies whose liquidity and solvency is compromise­d due to non-trading as a result of Covid-19.

The Companies Act requires that the CIPC investigat­e and issue companies that are trading recklessly with compliance notices requiring them to stop operations.

However, under the current directive, a company going through liquidity issues will be able to continue operating as long as it states in its financial statements that Covid-19 was the cause.

“We are trying to assist companies and not be too draconian when it comes to the issue of them trying to recapitali­se their businesses and for them trying to trade themselves out of the conditions [they are in],” said Voller.

Companies are also required to lodge documents and conduct certain business under specific legal timeframes outlined in the Companies Act, the Intellectu­al Property Act and other laws.

However, Voller said the commission has declared the lockdown period and possibly even after lockdown as dies non (days that do not count for legal purposes).

In other words, this period will not be seen as a time when legal work can be done as companies work to consolidat­e their positions, reporting and lodging applicatio­ns related to various legislatio­ns to the CIPC.

CIPC offices have had limited operations due to the lockdown and have not been able to process all applicatio­ns that have been made.

“For example, in the business rescue area, we have seen companies lodge business rescue applicatio­ns during the course of the lockdown, [and] we have informed those particular companies that they will not be prejudiced due to the fact that we were not able to receive them,” said Voller.

He explained that the business rescue would have gone into force when they lodged the applicatio­n, and not when the CIPC examined the applicatio­n.

 ?? Picture: Shuttersto­ck ?? BACKLOG. Companies will not be prejudiced should the Companies and Intellectu­al Property Commission be unable to process their applicatio­ns timeously.
Picture: Shuttersto­ck BACKLOG. Companies will not be prejudiced should the Companies and Intellectu­al Property Commission be unable to process their applicatio­ns timeously.

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