Guidance on drafting an MOI

Guidance on drafting an MOI

• 23 January 2024
• Legal and Compliance
• South African Accounting Academy

The following guidance is available on the topic of Drafting an MOI:

• A guide to drafting provisions relating to directors in your MOI, consisting of:

  • Part 1 

  • Part 2 (with a specific focus on board meetings)

• A guide to drafting provisions relating to shareholders in your MOI

Other useful guides and articles are also available from ContractNinja

Click here to download the relevant guidance:

• https://www.golegal.co.za/moi-provisions-directors/

• https://www.golegal.co.za/moi-board-meetings/

• https://www.golegal.co.za/provisions-shareholders-moi/

Relevance to Auditors, Independent Reviewers & Accountants:

• The Companies Act is yet another piece of legislation that your clients must comply with, and which you must assess compliance with.  Suppose they don’t comply with the relevant laws and regulations. In that case, you have certain reporting obligations in terms of NOCLAR (Non-Compliance with Laws And Regulations) – this could include reporting to management, qualifying your audit opinion, reporting a Reportable Irregularity, etc.

• Company Secretarial staff play a critical role in bridging the gap between entities and CIPC, and assisting entities to comply with the Companies Act, e.g. drafting an MOI. 

• It is of utmost importance for companies and company secretarial practitioners to stay informed of interesting and useful guidance and articles that have been published, which may help them meet their compliance obligations.

Relevance to Your Clients:

• An entity (company or close corporation) must comply with the Companies Act.

• It is of utmost importance for companies and company secretarial staff to stay informed of interesting and useful guidance and articles that have been published, which may help them meet their compliance obligations.

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