FAQs

COMPANY REGISTRATION

HOW DO I REGISTER A COMPANY?

Start by choosing your desired company names, the most preferred one at the top of the list. We will be in contact after we have applied and process your Company Registration Documents online. Once the process is done we will provide you with your company certificate.

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WHAT DO I NEED TO REGISTER A NEW COMPANY?

These are the requirements:

  1. ID / Passport
  2. South African Address (personal and / or business)
  3. Ages 18 and older.
  4. Contact details (Email address included)
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WHAT ARE THE COSTS FOR REGISTERING A NEW COMPANY?

Your minimum amount of directors are 1 (one); and the maximum amount of directors are 20 (twenty).

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HOW LONG DOES THE COMPANY REGISTRATION PROCESS TAKE?

Maximum of 2 to 3 weeks depending on the CIPC system.

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WHAT ARE THE TYPES OF COMPANIES THAT CAN BE REGISTERED?
  • Private company (Pty) Ltd
  • Public company (Ltd) 
  • Non-profit company (NPC)
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WHAT IS A PRIVATE COMPANY?

Private companies are comparable to companies of the same status under the Companies Act, 1973 and are characterised by the following:

  • They are subject to fewer disclosure and transparency requirements.
  • A private company will still be prohibited from offering its shares to the public and the transferability of its shares will be restricted, but it may now have more than 50 shareholders. 
  • The name of a private company must end with the expression “Proprietary Limited” or its abbreviation “(Pty) Ltd”. 
  • The board of a private company must comprise at least one director, or any other minimum number as stipulated in its MOI. Each incorporator is a first director of the company.
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WHAT IS A PUBLIC COMPANY?

Public companies are comparable to companies of the same status under the Companies Act, 1973. They are characterised by the following:

  • Their MOI permits them to offer shares to the public but restricts limits or negates their right of pre-emption.
  • The name of a public company must end with the word “Limited” or its abbreviation, “Ltd”.
  • A public company must have at least three directors.
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WHAT IS A NON-PROFIT COMPANY?

A non-Profit Company is a company that is incorporated for a public benefit or other object as required by Item 1(1) of Schedule 1 of the Companies Act. Its income and property are not distributable to its incorporators, members, directors, officers or persons related to any of them, except as reasonable compensation for service rendered. Three (3) persons and 3 directors may form an NPC.

  • They are incorporated for a “public benefit purpose”.
  • Income and property may not be distributed to the incorporators, members, directors or officers of a non-profit company, except for reasonable compensation for services rendered by them. 
  • The name of a non-profit company will end with “NPC”. 
  • A minimum of three persons, called incorporators, must complete and sign the MOI. 
  • A minimum of three directors must be appointed.
  • All of a non-profit company’s assets and income must be used to advance its stated objectives, as set out in its MOI. 
  • Non-profit companies are subject to a varied application of the Act, as set out in section 10.
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IF I HAVE A SOLE PROPRIETOR AND I HAVE A “TRADING AS” NAME, CAN I USE THAT NAME FOR MY NEW PTY?

The “Trading as” concept has fallen away. According to the current Consumer Act you will not be able to use the term ‘TRADING AS’. You need to have your Trading Name on all documentation, signage and so forth. If you want to register your PTY with your trading as name, we will first apply for a name reservation at CIPC to see if your name is available for registration.

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WHAT IS THE DIFFERENCE BETWEEN A SHELF COMPANY AND A PTY COMPANY?

Shelf Company is a PTY that has already been registered with the CIPC with one purpose in mind and that is to be sold to persons in need of a Company Registration Number for either a contract or tender application. The shelf companies we have available have no trading history or vat/tax. Included in the price of the shelf company will be the possible amendment of the name and the business address as well as the director details. Register a Shelf Company.

PTY Company is a company that still needs to be registered. Where you can choose your company name and submit you directors from scratch. Here you will have to go through the process of the name reservation and final registration which will be dependent on the CIPC and the timeframes may vary depending on the current workload at the CIPC. On average such a process turnaround time is about 15 working days. Register a Company.

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WHAT IS AN M.O.I?

MOI stand for Memorandum of Incorporation. It is one of the Registration Documents a business owner needs to operate his / her Company officially. You also need your MOI documents in order to open a business bank account at most banks. We register the standard CIPC MOI for our clients at CIPC.

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ANNUAL RETURNS

HOW DO I FILE MY ANNUAL RETURNS?

Annual returns can only be filed electronically via the provided application on the cipc website.

  • Step 1:  Calculate the annual return fee.
  • Step 2:  Deposit the relevant filing fee. The fees can be deposit at any ABSA bank or via EFT.
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WHO MAY FILE AN ANNUAL RETURN ON BEHALF OF A COMPANY OR CLOSE CORPORATION?

An authorized representative who is registered with CIPC can file the Annual Returns on behalf of the company or a close corporation.

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WHEN MUST A COMPANY OR CLOSE CORPORATION FILE ITS ANNUAL RETURNS?

Companies and close corporations are required to file annual returns once a year within a given time period.  Companies must file within 30 business days after the anniversary date of its incorporation while close corporations must file within the anniversary month of its incorporation up until the month thereafter.

If not paid on time a penalty fee will be included causing the amount to accumulate.

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IF A COMPANY OR CLOSE CORPORATION HAS FILED ITS TAX RETURNS WITH SARS, IS IT STILL REQUIRED TO FILE ANNUAL RETURNS WITH CIPC?

A clear distinction must be made between an annual return and a tax return.  An annual return is a sort of “renewal” and has the purpose to confirm whether CIPC is in possession of the most up to date information of a company or close corporation and that the company or close corporation is still conducting business.  A tax return focuses on taxable income of a company or close corporation in order to determine the tax liability of the company or close corporation to the State and is filed with SARS.

Compliance with the one does not mean that there is automatic compliance with the other.  It is two different processes administered in terms of different legislation by two different government departments.  Therefore, even if the tax return has been filed with SARS, the annual return must still be filed with CIPC.

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AMENDMENTS

HOW DO I MAKE CHANGES TO THE DIRECTORSHIP OR MEMBERSHIP OF A PTY COMPANY OR CLOSE CORPORATION (CC)?

We will prepare all the documents you need and represent you directly at the CIPC. As Close Corporations and Pty Companies grow and restructure, they need to appoint new Members (for CC’s) and Directors (for Pty’s). To change a Company’s Directorship requires a Directors Amendment process to be followed at CIPC. This will bring about a legal "Director’s change" on the Company’s Registration Documentation at CIPC.

We provide this Director Amendment service.

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WHAT ARE THE REQUIREMENTS FOR COMPANY AMENDMENTS?
  1. ID Documents of ALL Directors.
  2. New Director needs to be older than 18.
  3. All documentation you require will be prepared by us.
  4. A CK Document or COR14.3.
  5. Minutes of a Meeting and Mandate.
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HOW CAN I SUBMIT MY AMENDMENT DOCUMENTS TO CIPC

Once documentation is setup we will submit your amendment at the CIPC and await their feedback.

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HOW DO I CHANGE THE NAME OF A CC OR PTY AND WHAT ARE THE REQUIREMENTS?

As a Company changes its vision and / or grows, it is sometimes required to rebrand and change its Company Name. To formally change a Company’s name on the Company’s Registration Documentation at CIPC, a Name Amendment has to be done at CIPC. We provide this Name Change Amendment service. REQUIREMENTS:

  1. Four potential name options.
  2. A CK Document or COR14.3.
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BBBEE- CERTIFICATE

WHAT IS THE OBJECTIVE OF BROAD BASED BLACK ECONOMIC EMPOWERMENT (B-BBEE, COMMONLY REFERRED TO AS “BEE”)?

The objective of the Act is to redress past inequalities by transforming the economy to ensure black ownership and participation in the economy.

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WHY DO I NEED TO BE BEE COMPLIANT?

Private sector businesses are strongly encouraged to apply the BEE Codes of Good Practice and their respective Sector Charter because preferential procurement will have an effect on most private sector businesses throughout the supply chain from the first tier suppliers of government downwards.

BEE certificates are important because they indicate your company’s level of BEE compliance and will positively impact your business. Any private sector that wants to do business with Government needs to be BEE Compliant.

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WHAT ARE THE ADVANTAGES OF BEING BEE COMPLIANT?
  1. Get TENDERS & Contracts. Once your company is BEE compliant, you have the advantage over non-compliant companies when applying for Tenders and Contracts at National Government, Local Government, Municipalities, Telkom, Eskom, Transnet, Construction industry, Banks and many more.
  2. BEE Levels. All our BEE Levels on offer are advantageous – especially if your Company is 100% Black Owned.
  3. Funding. Government and larger companies tend to invest in smaller BEE compliant companies.
  4. Get business. Useful to use in your marketing material, to attract new business opportunities.
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WHAT BEE LEVEL DO WE OFFER?

Level 1: If your company is 100% black owned, you will get a Level 1 BEE Certificate – the best level available! Guaranteed.

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SHARE CERTIFICATES

WHAT IS A SHARE CERTIFICATE?

A share certificate is a written document signed on behalf of a company, and serves as legal proof of ownership of the number of shares indicated.

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WHAT IS THE IMPORTANCE OF HAVING A SHARE CERTIFICATE?

Banks and numerous other entities require that you have a Share Certificate, even if you have only one Shareholder. Shareholder Certificates can only be created legally by following a very specific process.

If you want to do this the right way, an attorney or an accountant is the appropriate enterprise to prepare a legal Shares Certificate for your business. We offer this service.

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HOW CAN A COMPANY ISSUE A SHARE CERTIFICATE?

The Board should authorise the issue of the share certificate by means of a Board Resolution.

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WHEN SHOULD A SHARE CERTIFICATE BE ISSUED?

A company must normally issue a share certificate within two months of starting up or within two months of new shares being issued or transferred. Normally a certificate will go to each shareholder to show all of the shares that they own. However it is possible to issue split certificates which show parts of the shares owned or shares from just one share class.

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I NEED TO GET A SHARE CERTIFICATE, WHAT ARE THE COSTS?

As an accountant firm we can also issue a share certificate, with a minimum fee of R750.

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WHAT DOES A SHARE CERTIFICATE ENTAIL?

Share certificates can be written using any format as long as they include the following key information:

  • the name and address of the shareholder
  • the number of shares held
  • the class of shares
  • the amount paid
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COMPANY PROFILES

WHAT IS A COMPANY PROFILE?

Any information about a company to inform public about the company and create required image of the company through the information.

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WHAT SHOULD BE INCLUDED IN A COMPANY PROFILE?

The profile need not cover everything, but only such of the things it desires to highlight. It can also take the advantage presentation of its profile through the media technology.

A COMPANY PROFILE SHOULD ALSO INCLUDE:

  • The basic information like name location.
  • The product range and the market segment served.
  • Promoters and top management of the company.
  • Mission and vision statement of the company.
  • Corporate policies of the company
  • Major achievements of the company
  • Financial report on company.
  • This will include balance, sheet, profit and loss accounts and some key performance ratios.
  • The information may also cover past performance and future projections.
  • Major future expansion and diversification plans.
  • Major current and future challenges and opportunities faced.
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WHAT ARE THE COST FOR A COMPANY PROFILE?

A minimum fee of R1500 will be charged for a company profile

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We ensure that your books and systems in order so you can focus on your business and do what you do best.

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