CIPC confirms recommencement of referral for deregistration of non-compliant companies and close corporations

CIPC confirms recommencement of referral for deregistration of non-compliant companies and close corporations logo

The Companies and Intellectual Property Commission (CIPC) advises customers, that although the National Lockdown levels are still in place, CIPC has a legal duty in terms of section 186(1)(b) of the Companies Act, 2008 (the Act) to maintain an accurate and up-to-date registry of companies and close corporations.

One of the mechanisms to achieve this, is the referral of non-compliant companies and close corporations with Annual Returns for deregistration and eventual final deregistration in terms of section 82(3)(a)(i) of the Act read with Companies Regulation 40(2) to (4), 2011. Therefore, CIPC will recommence the automatic referral of non-compliant companies and close corporations for deregistration as from July 2020.

In terms of section 82(3)(a)(i) of the Act, CIPC may only refer companies and close corporations for deregistration if it has failed to file Annual Returns for two or more years, and therefore the Act provides sufficient time for companies and close corporations to comply with Annual Returns before being referred for deregistration.

Click here to download Notice 37 of 2020:

http://www.cipc.co.za/files/7415/9526/9395/Notice_Recommencement_of_AR_Deregistrations_v1.0.pdf

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