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A company comes into existence as a legal entity with effect from the date recorded in what the old Companies Act of 1973 called the certificate of incorporation and what the new Companies Act of 2008 calls the company’s registration certificate.

The general effective date on which the Companies Act 71 of 2008 came into force was 1 May 2011.

A company is a legal persona in its own right, separate from its shareholders and directors.

The decision of the Western Cape High Court in Pretorius v PB Meat (Pty) Ltd [2013] ZAWCHC 89, in which judgment was delivered on 14 June 2013, is the first High Court decision on the interpretation of section 71 of the new Companies Act 71 of 2008.

Our most essential roles on the board level often involve an executive director. Being an Executive Director means that the Company engages this person as both an employee and a board member.