Frequently asked questions

It normally takes between 1-4 business days once all of the forms and documents have been obtained and submitted. Backlogs and offline systems can however affect the turn around time.

Yes, foreign nationals can register a business in South Africa. Please send us an enquiry to discuss in detail the step involved.

Yes you can register as many as you like. Every business can have different partners and investors.

The CIPC has provided a list of documents it deems valid for use as proof of address. A full list of these documents can be found by clicking the following link: https://www.cipc.co.za/wp-content/uploads/2024/02/Notice_-Acceptable-Proof-of-Physical-address-documents-v1.0.pdf

The Companies and Intellectual Property Commission (CIPC) is a South African government agency that registers companies, intellectual property, and business entities. The CIPC also maintains and enforces compliance with relevant legislation. CIPC functions • Registers companies, co-operatives, and intellectual property rights • Maintains company and intellectual property rights • Discloses information on its business registers Enforces compliance with relevant legislation Ensures transparency and accountability in business operations CIPC establishment The CIPC was established by the Companies Act, 2008 It functions as an organ of state within the public administration, but as an institution outside the public service CIPC services The CIPC has a name searching facility on its website The CIPC also has forms, such as Form CoR 14.1, that are prescribed by the Minister of Trade and Industry CIPC website You can visit the CIPC website (https://www.cipc.co.za/)for more information

By law, all companies (including external companies) and close corporations must file their annual returns within a specified timeframe each year. The CIPC will remind companies and close corporations annually to submit their returns, as long as it has accurate electronic contact details for directors and members. An annual return is a statutory requirement under the Companies and Close Corporations Acts. Failure to file results in the CIPC assuming the company or close corporation is no longer conducting business or does not intend to do so in the near future. Non-compliance with annual returns, the beneficial ownership declaration, and AFS/FAS may lead to deregistration, which removes the legal entity status, effectively dissolving the company or close corporation. Active directors and members may still be held liable for actions taken during their time in office or while the entity was operational. When submitting the annual return, the company or close corporation must also include the latest Beneficial Ownership declaration and either Audited Financial Statements (AFS) or a Financial Accountability Supplement (FAS). Companies have 30 business days from the date annual returns are due to submit them, after which they will be considered non-compliant with the Companies Act. Late submissions will incur penalties. Close corporations have until the end of their anniversary month to file annual returns before being considered non-compliant with the Close Corporations Act, with penalties for late filing. Annual returns can only be submitted electronically.

Due to security concerns surrounding the protection of personal information, the CIPC has made the following adjustments to the annual return process: • Only the first six digits of a director’s or member’s identification number will be visible. • The annual return filing certificate will no longer display the identity number, personal address, or contact information of any director or member. These changes aim to enhance privacy and ensure better protection of personal data.

The CIPC will treat the company or close corporation as inactive, initiating the deregistration process to remove it from its official records. Upon deregistration, the entity’s legal personality is effectively terminated, and the company or close corporation ceases to exist as a separate legal entity. As a result, other organizations, including banks, the Central Supplier Database, and service providers, may refuse to provide services since the company or close corporation is no longer recognized as an active entity. Furthermore, directors and members who were in charge at the time of deregistration may become personally liable for any outstanding debts or financial obligations of the entity.

Yes, before submitting the annual return, the company or close corporation must ensure that the CIPC has its most up-to-date Beneficial Ownership Declaration. If this is not yet filed, click the link to submit the Beneficial Ownership Declaration. After filing it, you can proceed with the annual return submission process.

The filing is an annual requirement and varies for companies and close corporations. Companies are required to file within 30 business days, starting from the day after their registration date, regardless of whether they are active. Close corporations must file starting from the first day of the month in which they were registered and continue until the same month in the following year. While they can still file after this period, a penalty fee will apply for late submissions.

It is important to differentiate between an annual return and a tax return. An annual return is a summary of key information about the company or close corporation, which is submitted to the CIPC. On the other hand, a tax return is focused on the taxable income of the entity to determine its tax liability to the government and is filed with SARS. Compliance with one does not guarantee compliance with the other, as they are two separate processes governed by different laws and managed by two distinct government departments.

Yes, throughout the deregistration process, notifications are sent to the company or close corporation's registered postal address, as listed in CIPC records. These notifications inform the entity of the planned deregistration and request confirmation of its continued activity or the filing of any outstanding annual returns. At the time the notification is sent, the company or close corporation’s legal status has not yet been revoked. The notice merely serves to inform the entity of the intention to deregister it, provided no objection is raised or annual returns are filed.

In the context of a company, it refers to an individual (a person) who, either directly or indirectly, ultimately owns the company or has effective control over it.

An individual or natural person who, directly or indirectly, ultimately owns 5% or more of a company or has effective control over the company.

Any person appointed in writing by a company to submit Beneficial Ownership (BO) information on its behalf.

Yes, whenever there are changes to the Beneficial Ownership (BO), a company must update its BO/securities register within 10 (ten) days – as per Regulation 32(3A) for non-affected companies and Regulation 32A for affected companies.

It takes between 1-4 business days once all of the forms and documents have been submitted.

It takes between 3-5 business days depending on the design.