Deregistration and reinstatement of a company


In Fintech (Pty) Ltd v Awake Solutions (Pty) Ltd and Others 2013 (1) SA 570 (GSJ), it was held that a High Court could exercise its inherent jurisdiction to validate an act of a company that it had performed in the period between its deregistration and reinstatement despite the fact that section 82(4) of the Companies Act (2008) does not contain a deeming provision like s 73(6)(a) of the Companies Act (1973) that, on restoration, a company shall be deemed to have continued in existence as if it had not been deregistered.

However, in Bright Bay Property Service (Pty) Ltd v Moravian Church in South Africa 2013 (3) SA 78 (WCC) it was held that reinstatement of registration under the Companies Act 71 of 2008 (the 2008 Act) does not have retrospective effect.