The Confirmation of Directorship Letter is a crucial corporate governance document used in South Africa when appointing new directors to a company's board. It serves as formal evidence of the appointment and acceptance of directorship, which is required under the Companies Act 71 of 2008. The document is typically issued following a board resolution or shareholder appointment and precedes the filing of necessary documentation with the Companies and Intellectual Property Commission (CIPC). It contains essential information about the appointment, including the type of directorship, term of office, remuneration, and key responsibilities. The letter also helps ensure compliance with King IV Report governance principles and provides clarity on the director's role and obligations within the organization.
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1. Company Details: Full registered name of the company, registration number, and registered address
2. Director Details: Full name, ID number, and contact details of the appointed director
3. Appointment Confirmation: Clear statement of appointment as director, including the effective date and type of directorship (executive/non-executive)
4. Term of Appointment: Duration of the appointment or confirmation if it's subject to rotation as per the company's MOI
5. Remuneration: Details of director's fees, meeting fees, or executive compensation if applicable
6. Duties and Responsibilities: Overview of key statutory duties and responsibilities as per Companies Act
7. Board Committees: List of any board committees the director is expected to serve on
8. Declaration: Director's acceptance of the appointment and confirmation of no disqualifying factors
1. Additional Roles: Used when the director is also appointed to specific positions (e.g., Board Chair, Lead Independent Director)
2. Specific Portfolio: Include when director is appointed with specific portfolio responsibilities (e.g., Financial Director)
3. Group Directorships: Used when director is appointed to multiple boards within a group structure
4. Indemnity Provisions: Optional section detailing any indemnification provided by the company
5. Share Dealing Code: Include for listed companies to address share trading restrictions
6. Confidentiality Obligations: Detailed confidentiality provisions if not covered in a separate agreement
1. Schedule A - Statutory Duties: Detailed list of statutory duties under the Companies Act
2. Schedule B - Board Charter Extract: Relevant extracts from the company's board charter
3. Schedule C - Declaration Forms: Required forms for CIPC and company records
4. Schedule D - Remuneration Structure: Detailed breakdown of director remuneration components
5. Schedule E - D&O Insurance Details: Summary of Directors and Officers liability insurance coverage
Relevant legal definitions
Clauses
Appointment
Term of Office
Duties and Responsibilities
Board Committees
Remuneration
Time Commitment
Confidentiality
Conflicts of Interest
Board Meetings
Professional Development
Company Policies
Insurance and Indemnity
Termination
Regulatory Compliance
Share Dealings
Company Records
Reporting Obligations
Code of Ethics
Declaration of Interests
Professional Advice
Term of Office
Duties and Responsibilities
Board Committees
Remuneration
Time Commitment
Confidentiality
Conflicts of Interest
Board Meetings
Professional Development
Company Policies
Insurance and Indemnity
Termination
Regulatory Compliance
Share Dealings
Company Records
Reporting Obligations
Code of Ethics
Declaration of Interests
Professional Advice
Relevant Industries
Financial Services
Mining
Manufacturing
Retail
Technology
Healthcare
Energy
Telecommunications
Real Estate
Professional Services
Agriculture
Construction
Education
Transport and Logistics
Media and Entertainment
Relevant Teams
Legal
Corporate Governance
Compliance
Board Secretariat
Human Resources
Risk Management
Executive Office
Corporate Affairs
Investor Relations
Relevant Roles
Chief Executive Officer
Company Secretary
Legal Counsel
Corporate Governance Officer
Board Chairman
Non-Executive Director
Executive Director
Lead Independent Director
Financial Director
Chief Financial Officer
Compliance Officer
Risk Officer
Human Resources Director
Managing Director
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