COMPANIES BILL - Department of Trade and Industry

(7) An unaltered electronically or mechanically generated reproduction of anydocument, other than a share certificate, may be substituted for the original for anypurpose for which the original could be used in terms of this Act.(8) If a form of document, record, statement or notice is prescribed in terms of this Actfor any purpose—(a) it is sufficient if the person required to prepare or complete such a document,record, statement or notice does so in a form that satisfies all of the substantiverequirements of the prescribed form; and(b) any deviation from the design or content of the prescribed form does notinvalidate the action taken by the person preparing or completing thatdocument, record, statement or notice, unless the deviation—(i) negatively and materially affects the substance of the document, record,statement or notice; or(ii) is such that it would reasonably mislead a person reading the document,record, statement or notice.(9) If a manner of delivery of a document, record, statement or notice is prescribed interms of this Act for any purpose—(a)(b)it is sufficient if the person required to deliver such a document, record,statement or notice does so in a manner that satisfies all of the substantiverequirements as prescribed; andany deviation from the prescribed manner does not invalidate the action takenby the person delivering that document, record, statement or notice, unless thedeviation—(i)(ii)materially reduces the probability that the intended recipient will receivethe document, record, statement or notice; oris such as would reasonably mislead a person to whom the document,record, statement or notice is, or is to be, delivered.(10) If, in terms of this Act, a notice is required or permitted to be given or publishedto any person, it is sufficient if the notice is transmitted electronically directly to thatperson in a manner and form such that the notice can conveniently be printed by therecipient within a reasonable time and at a reasonable cost.(11) If, in terms of this Act, a document, record or statement, other than a noticecontemplated in subsection (10), is required—(a)(b)to be retained, it is sufficient if an electronic original or reproduction of thatdocument is retained in a form from which a printed copy can be producedwithin a reasonable time; orto be published, provided or delivered, it is sufficient if—(i) an electronic original or reproduction of that document, record orstatement is published, provided or delivered by electronic communicationin a manner and form such that the document, record or statementcan conveniently be printed by the recipient within a reasonable time andat a reasonable cost; or(ii) a notice of the availability of that document, record or statement,summarising its content and satisfying any prescribed requirements, isdelivered to each intended recipient of the document, record orstatement, together with instructions for receiving the complete document,record or statement.(12) If a provision of this Act requires a document to be signed or initialled—(a)(b)21by or on behalf of a person, that signing or initialling may be effected in anymanner provided for in the Electronic Communications and Transactions Act;orby two or more persons, it is sufficient if—(i) all of those persons sign a single original of the document, in person oras contemplated in paragraph (a); or(ii) each of those persons signs a separate duplicate original of the document,in person or as contemplated in paragraph (a), and in such a case, theseveral signed duplicate originals, when combined, constitute the entiredocument.(13) The Commission may—(a) establish a system, using any means of electronic communication, to facilitatethe automated—(i) reservation of names in terms of Part A of Chapter 2 or in terms of anyother legislation listed in Schedule 6;51015202530354045505560