CIPC: Accurate completion of Compliance Checklist

CIPC: Accurate completion of Compliance Checklist

• 12 December 2025
• CIPC
• South African Accounting Academy

Summary:

The Companies and Intellectual Property Commission (CIPC) has called on companies and urged them to complete the compliance checklist accurately.

Article:

The Compliance Checklist is a vital governance tool that enhances oversight and accountability in corporate South Africa. Further, it functions as a declaration by company directors and officers of the company’s compliance status and accuracy of information submitted to the CIPC.

Through the Compliance Checklist, the Corporate Governance, Surveillance and Enforcement Unit (CGSE) has been monitoring the compliance of various entities and initiating complaints (Proactive cases) in terms of Section 168(2) of the Act, which empowers the Commission to act on its own initiative in instances of suspected non-compliance.

The compliance checklist comprises 24 questions, each requiring a considered response of “Yes,” “No,” or “Not Applicable,” along with supporting comments. These questions cover key compliance requirements under the Companies Act and relevant regulations.

There is a definite trend of inaccurate or careless reporting. Such conduct undermines the integrity of the compliance monitoring process. The CIPC wishes to underscore the critical role that company secretaries and directors play in ensuring compliance with the Companies Act.  The accuracy of compliance submissions is not a mere formality but a statutory duty that contributes to corporate transparency and good governance. All company officers are reminded of their responsibilities and the legal consequences of failing to uphold them. 

Click here to download Notice 53 of 2025:

https://www.cipc.co.za/wp-content/uploads/2025/12/CUSTOMER-NOTICE-53-OF-2025-_-Compliance-Checklist.pdf 

Relevance to Auditors, Independent Reviewers & Accountants:

• The Companies Act is yet another piece of legislation that your clients must comply with, and which you must assess compliance with.  If they don’t comply with the relevant laws and regulations, you have certain reporting obligations in terms of NOCLAR (NOn-Compliance with Laws And Regulations) – this could include reporting to management, qualifying your audit opinion, reporting a Reportable Irregularity, etc.
• It creates an opportunity for practitioners who provide company secretarial services to have a more focused engagement with their clients (i.e. directors) on the statutory obligations thus saving time and scarce resources and ensuring accurate up to date filings are made to the CIPC.
• As an auditor, independent reviewer and accountant, you also need to monitor your client’s compliance with the Companies Act and all relevant notices/enforcements/practice notes/customer letters issued by CIPC as the regulator.
• Where you perform these compliance tasks on behalf of your client, you need to ensure that you comply with all relevant notices/enforcements/practice notes/customer letters issued by CIPC as the regulator.
• It is important to stay informed on publications issued by the regulators, e.g. CIPC.

Relevance to Your clients:

• An entity (company or close corporation) has a duty to comply with the Companies Act, and directors have to fulfil their duties accordingly, otherwise they could be held liable.
• It is important to stay informed on publications issued by the regulators, e.g. CIPC.

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