Resolution Trust Company Case Files File #1
Resolution for a Creditors’ Voluntary Winding-up registered in terms of the old Act In terms of the recent decision handed down in Botha NO v Van den Heever a resolution for the voluntary winding up of an insolvent company (Creditors’ Voluntary Winding up) must to comply with Section 349 of the old Companies Act 61 of 1973 and registered on the old form CM26 (not the new form CoR40.1). The resolution must be lodged and registered as provided for in Section 200 of the old Act. Although this aspect is not discussed in the decision, it can be accepted that Section 200 of the old Act must be applied despite its repeal by the Companies Act 71 of 2008.  See Item 9(1) of Schedule 5 of the Companies Act 71 of 2008 that reads as follows:         Despite the repeal of the previous Act, until the date determined in terms of sub item (4), Chapter 14 of that Act       continues to apply with respect to the winding- up and liquidation of companies under this Act, as if that Act had       not been repealed subject to sub items (2) and (3). Chapter 14 continues to apply as if the Act has not been repealed, not as if Chapter 14 only has not been repealed. The Registrar of Companies in terms of the old Act no longer exists, so registration is now done by the Companies and Intellectual Property Commission instituted under the new Act and the resolution filed with the Commission.                                                                                    
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