✦ Now open for early access — South Africa's first unified governance intelligence platform.Request access →
Back to Frameworks
Companies Act
Companies Act 71 of 2008 — the legal foundation for South African company governance.
Companies Act 71 of 2008All SA companiesDirector duties (§76)SEC mandatory

The requirements

The Companies Act governs the incorporation, governance, and winding-up of companies in South Africa. For governance purposes, the most significant provisions relate to director duties, the Social and Ethics Committee (mandatory for public companies and large SOEs), financial reporting, and shareholder rights.

Director Duties (§76)
Fiduciary duties — act in good faith, best interests of company, with care skill and diligence. Directors' liability for breach.
Social and Ethics Committee
Mandatory for public companies, SOEs, and companies scoring 500+ points. Monitors social, ethics, and sustainability matters.
Company Secretary
Mandatory for public companies. Company Secretary maintains statutory records, ensures Companies Act compliance.
Annual Financial Statements
Filing requirements, audit obligations, turnaround times — specific to company category and public interest score.
Memorandum of Incorporation
MOI must reflect current governance arrangements. Outdated MOIs create compliance risk.
Shareholder Rights & Meetings
AGM obligations, special resolution requirements, shareholder rights provisions.

Mapped in Encircle

This framework contributes to the following governance domains in your Encircle score:

D01 StrategyD02 LeadershipD04 ComplianceD07 StakeholdersD11 Assurance
How Encircle maps this framework

Encircle maps Companies Act obligations across leadership and compliance domains. Director duty assessments, Social and Ethics Committee charter and mandate tracking, company secretary compliance checklist, and statutory register maintenance are all tracked in the platform.

Your Companies Act readiness score

Encircle tells you when you are Companies Act Compliant — meaning your corporate governance structure, director documentation, statutory registers, and committee mandates meet the requirements of the Act. For independent assurance, connect with a corporate governance attorney from the Encircle Network.

Ready to track your Companies Act readiness?

Request early access and get your Companies Act score in your first session.

Early Access

Tell us about your organisation.

We’re onboarding early-access clients before our public launch. Share your details and we’ll be in touch to get you set up first.

Early sign-on offer
Early access clients receive 25% off Implementation Support — our guided onboarding service. Offer applies to all requests submitted before platform launch.
Encircle AI
Always on — your governance advisor
Hi — I'm Encircle AI, your always-on governance advisor. I know your score, your gaps, and your frameworks. What would you like to work on?