More firms in need of rescue
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.