CIPC: Company and CC re-instatements

CIPC: Company and CC re-instatements logo

Summary:

The Companies and Intellectual Property Commission (CIPC) has informed customers of an important update regarding the re-instatement of companies and close corporations.

Article:

Effective immediately, the requirement for supporting evidence of economic activity is no longer necessary as per Practice Note 1 of 2022 (at https://www.cipc.co.za/wp-content/uploads/2022/02/Practice_Note_1_of_2022_Re-instatement_requirements_v1.0.pdf).

However, 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.

The notice provides a list of information that is still required to be submitted as a single e-mail with all attachments in PDF to re-instatements@cipc.co.za.

CIPC has allocated more resources to the re-instatement process, but due to the high incoming volumes of applications and enquiries, delays must be expected in both the processing of applications and enquiries. CIPC is also in the process of automating the re-instatement process, but more information will be made available closer to the release.

Companies and close corporations are advised to prioritize compliance with Annual Returns, as well as Beneficial Ownership to avoid final deregistration and possible re-instatement.

For further assistance, kindly refer to www.cipc.co.za / enquiries for guidance on how to refer an enquiry.

Click here to download Notice 13 of 2025:

https://www.cipc.co.za/wp-content/uploads/2025/03/Notice-Re-instatement-Requirements_final.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 beneficial ownership 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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