CIPC: Automation of application for re-instatement of deregistered company

CIPC: Automation of application for re-instatement of deregistered company

• 14 August 2025
• CIPC
• South African Accounting Academy

Summary:
The Companies and Intellectual Property Commission (CIPC) has published a notice announcing the automation of the Application for Re-instatement of Deregistered Company (Form CoR40.5) effective from 11 August 2025.
Article:

From 11 April 2025 forward, all applications to re-instate a company or close corporation must be submitted electronically. 

Only companies and close corporations which were in business at the time of deregistration may apply for reinstatement and directors and members, must keep such evidence. The service will be available on the following platforms:

• e-Services

• BizPortal
• Self Service Terminal

The dedicated email address previously used for such submissions ([email protected]) will, from 11 August 2025, no longer be in operation.

The new automated service enables users to electronically capture the required information. This service will be a fully automated service with no need to upload supporting documents unless it is a court order. Please note that it remains essential for the company or close corporation to have been in business or had economic value at the time of final deregistration. This evidence must be retained by the company or close corporation, and CIPC reserves the right to request it at any time in accordance with Companies Regulation 168. Failure to provide such evidence may result in the withdrawal of the re-instatement application and subsequent Annual Return filings.

It is important to note that submission alone does not constitute filing. An application will only be considered officially filed once payment has been successfully made via the CIPC card payment facility. The prescribed fee is R200.

CIPC will continue to process the applications received before such date. Customers may, even if they have an existing application pending, submit via the electronic platforms. Such applications will be rejected once back office reach the application when the status of the entity is checked. Customers must note that this check is a manual check and therefore, it may happen that it is erroneously processed and billed a second time and CIPC will not cancel the manual application or credit back the funds for such.

Once the application to re-instate has been processed and paid, the company or close corporation MUST file all outstanding Annual Returns, latest Beneficial Ownership Declarations and AFS/FAS within 30 business days to complete the re-instatement process failure of which the company or close corporation will be placed back into its previous deregistered status and the re-instatement application process must start again.

Important to note:

• Re-instatement court orders must be uploaded onto the service for back office to confirm the content and validate the court order and its content.
• The filing of a re-instatement court order is free of charge.
• Court orders are only processed once by the CIPC, and therefore once implemented the company or close corporation must still file all its outstanding Annual Returns, latest Beneficial Ownership Declaration and AFS/FAS. Since third parties do not have a mandate or the information, they are not mandated on law to file such information. If the outstanding Annual Returns, latest Beneficial Ownership Declaration and AFS/FAS is not filed, the company or close corporation will be placed back into AR deregistration for non-compliance with Annual Returns.
• When approaching the court for an order to re-instate, it is advised that the court order mandate the company to comply with such provisions within a set period.

To support this transition, a step-by-step user guide and a list of frequently asked questions will be made available closer to the launch date. CIPC will also be hosting webinars after the release for customers struggling with the electronic service. We encourage all users to familiarise themselves with these resources to ensure a smooth application process.

Click here to download Notice 35 of 2025:

https://www.cipc.co.za/wp-content/uploads/2025/08/Notice_Release-of-Automated-Re-instatement-Process.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.
• 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.
• As an auditor, independent reviewer and accountant you need to consider the impact of the Companies Act Regulations on your service offerings, as well as on your client’s filing obligations and the resulting deregistration and re-instatement processes.

• Relevance to Your clients:

• An entity (company or close corporation) has a duty to comply with the Companies Act, and all relevant notices/enforcements/practice notes/customer letters issued by CIPC as the regulator.

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