The Companies and Intellectual Property Commission (CIPC) has issued a notice setting out the latest process of change of contact details (email address and cell phone number) of directors.
Article:
CIPC in striving for continuous improvement has reviewed the process of change of contact details to put more control measures to avoid abuse of the system. This will enable the rightful owner of the contact details an opportunity to reject any unauthorised changes made to his/her profile.
CIPC appreciates that there are instances where contact details are changing, and the process is done correctly and confirmation of such a change must be done within 24 hours upon requesting the change otherwise the application will lapse. However, if the change is not unauthorized then the rightful owner will have 24 hours to reject the application even if the other party has already approved it and the application will be terminated.
Therefore, the link will be sent to both old and new email addresses to confirm the changes or allow rejection of the changes to prevent the abuse of the process.
Relevance to Auditors, Independent Reviewers & Accountants:
The Companies Act and Regulations 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.
Company Secretarial staff play a critical role in bridging the gap between entities and CIPC. As legislation, regulations and tax law are continuously changing and evolving, it is of utmost importance for companies and company secretarial practitioners to keep abreast of such changes in so that companies continue to meet their compliance obligations.
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 – especially with regards to process changing directors’ contact details.
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.
Your clients should also be aware of relevant guidance that is issued by the CIPC – especially with regards to changing directors’ contact details.
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