COMPANIES BILL - Department of Trade and Industry

147(b) the maintenance of accurate, up-to-date and relevant information concerningcompanies, foreign companies and other juristic persons contemplated insubsection (1)(a)(ii), and concerning intellectual property rights, and theprovision of that information to the public and to other organs of state;(c) the promotion of education and awareness of company and intellectualproperty laws, and related matters;(d) the promotion of compliance with this Act, and any other applicablelegislation; and(e) the efficient, effective and widest possible enforcement of this Act, and anyother legislation listed in Schedule 6.(2) To achieve its objectives, the Commission may—(a) have regard to international developments in the field of company andintellectual property law; or(b) consult any person, organisation or institution with regard to any matter.Functions of Commission51015187. (1) In this section, ‘‘this Act’’ has the meaning set out in section 1, but alsoincludes any legislation listed in Schedule 6.(2) Other than with respect to matters within the jurisdiction of the TakeoverRegulation Panel, the Commission must enforce this Act, by, among other things,—(a) promoting voluntary resolution of disputes arising in terms of this Actbetween a company on the one hand and a shareholder or director on the other,as contemplated in Part C of Chapter 7, without intervening in, or adjudicatingany such dispute;(b)(c)(d)monitoring proper compliance with this Act;receiving or initiating complaints concerning alleged contraventions of thisAct, evaluating those complaints, and initiating investigations into complaints;receiving directions from the Minister in terms of section 190, concerninginvestigations to be conducted into alleged contraventions of this Act, or othercircumstances, and conducting any such investigation;(e) ensuring that contraventions of this Act are promptly and properly investigated;(f) negotiating and concluding undertakings and consent orders contemplated insection 169(1)(b) and 173;(g) issuing and enforcing compliance notices;(h) referring alleged offences in terms of this Act to the National ProsecutingAuthority; and(i) referring matters to a court, and appearing before the court or the CompaniesOmbud, as permitted or required by this Act.(3) The Commission must promote the reliability of financial statements by, amongother things—(a) monitoring patterns of compliance with, and contraventions of, financialreporting standards; and(b) making recommendations to the Council for amendments to financialreporting standards, to secure better reliability and compliance.(4) The Commission must—(a) establish and maintain in the prescribed manner and form—(i) a companies register; and(ii) any other register contemplated in this Act, or in any other legislation thatassigns a registry function to the Commission;(b) receive and deposit in the registry any documents required to be filed in termsof this Act;(c) make the information in those registers efficiently and effectively available tothe public, and to other organs of state;(d) register and deregister companies, directors, business names and intellectualproperty rights, in accordance with relevant legislation; and(e) perform any related functions assigned to it by legislation, or reasonablynecessary to carry out its assigned registry functions.(5) Subject to the provisions of subsections (6) and (7), any person, on payment of theprescribed fee, may—(a) inspect a document filed under this Act;202530354045505560