The Director Declaration Form is a fundamental corporate governance document required under South African law for both the appointment of new directors and the ongoing compliance of existing directors. This document is mandated by the Companies Act 71 of 2008 and must be completed whenever a new director is appointed or when there are material changes in an existing director's circumstances. The form contains crucial declarations regarding the director's eligibility to serve, including their financial status, criminal record, and potential conflicts of interest. It serves multiple purposes: ensuring compliance with legal requirements, maintaining transparency in corporate governance, and protecting both the company and its stakeholders. The document is particularly important in the context of South African corporate governance, where strict requirements exist regarding director qualifications and disqualifications.
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1. Personal Information: Director's full name, ID number, residential address, and contact details
2. Company Details: Name, registration number and address of the company for which the directorship is being declared
3. Qualification Declarations: Declarations regarding eligibility under Section 69 of the Companies Act, including legal capacity and competency
4. Financial Status Declaration: Declarations regarding solvency, bankruptcy status, and any arrangements with creditors
5. Criminal Record Declaration: Declarations regarding any criminal convictions, particularly those related to dishonesty
6. Conflicting Interests: Declaration of any direct or indirect interests in contracts with the company
7. Other Directorships: List of other current directorships and resignations from directorships in the past 5 years
8. Consent and Confirmation: Formal consent to act as director and confirmation that all information provided is true and correct
9. Signature and Date: Space for director's signature, witness signatures, and date of declaration
1. Professional Qualifications: Details of relevant professional qualifications when required for specialized sectors like financial services
2. Industry-Specific Declarations: Additional declarations required for regulated industries such as banking, insurance, or mining
3. Share Ownership: Declaration of shares held in the company or related companies, if relevant
4. Previous Employment History: Detailed employment history when required for regulatory compliance
5. Foreign Directorships: Declaration of directorships held in foreign companies when relevant for cross-border operations
6. Regulatory Body Memberships: Details of membership in professional or regulatory bodies when relevant to the role
1. Schedule A - Definitions: Detailed definitions of terms used in the declaration form
2. Schedule B - Extract of Companies Act: Relevant sections of the Companies Act regarding director qualifications and disqualifications
3. Schedule C - Company Policies: Relevant company policies that the director needs to acknowledge
4. Appendix 1 - Supporting Documents Checklist: List of required supporting documents to be submitted with the declaration
5. Appendix 2 - Conflict of Interest Form: Detailed form for declaring specific conflicts of interest
6. Appendix 3 - Related Party Disclosure Form: Form for declaring related party relationships and transactions
Relevant legal definitions
Act
Board
Company
Conflict of Interest
Connected Person
Director
Executive Director
Non-Executive Director
Financial Interest
Group
Immediate Family Member
Insolvent
Material Interest
MOI
Personal Financial Interest
Related Party
Related Person
Securities
Subsidiary
Prescribed Officer
Business Rescue
Controlling Interest
Delinquent Director
Professional Advisor
Regulatory Authority
Solvent
Beneficial Interest
Statutory Declaration
Trading Activities
Unrehabilitated Insolvent
Board
Company
Conflict of Interest
Connected Person
Director
Executive Director
Non-Executive Director
Financial Interest
Group
Immediate Family Member
Insolvent
Material Interest
MOI
Personal Financial Interest
Related Party
Related Person
Securities
Subsidiary
Prescribed Officer
Business Rescue
Controlling Interest
Delinquent Director
Professional Advisor
Regulatory Authority
Solvent
Beneficial Interest
Statutory Declaration
Trading Activities
Unrehabilitated Insolvent
Clauses
Personal Information
Legal Capacity
Financial Status
Criminal Record
Conflicts of Interest
Other Directorships
Professional Qualifications
Statutory Compliance
Company Policies Acknowledgment
Confidentiality
Related Party Disclosures
Share Ownership
Corporate Governance
Fiduciary Duties
Anti-corruption Declaration
Consent to Act
Information Accuracy
Document Retention
Change Notification
Declaration of Independence
Legal Capacity
Financial Status
Criminal Record
Conflicts of Interest
Other Directorships
Professional Qualifications
Statutory Compliance
Company Policies Acknowledgment
Confidentiality
Related Party Disclosures
Share Ownership
Corporate Governance
Fiduciary Duties
Anti-corruption Declaration
Consent to Act
Information Accuracy
Document Retention
Change Notification
Declaration of Independence
Relevant Industries
Financial Services
Mining and Resources
Manufacturing
Retail
Technology
Healthcare
Professional Services
Real Estate
Construction
Transportation and Logistics
Agriculture
Education
Telecommunications
Energy and Utilities
Non-Profit Organizations
Media and Entertainment
Relevant Teams
Legal
Compliance
Corporate Governance
Risk Management
Corporate Secretariat
Board Administration
Regulatory Affairs
Executive Office
Corporate Affairs
Relevant Roles
Company Secretary
Corporate Governance Officer
Legal Counsel
Compliance Officer
Board Director
Executive Director
Non-Executive Director
Independent Director
Managing Director
Chief Executive Officer
Chief Legal Officer
Corporate Affairs Manager
Risk Officer
Regulatory Compliance Manager
Board Chairman
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