CIPC: Directors to provide evidence of info submitted

CIPC: Directors to provide evidence of info submitted

• 02 August 2023
• Accounting
• South African Accounting Academy

This is part of CIPC’s drive to ensure the correctness and reliability of information submitted to it, especially relating to the physical address of a company.

These requests will be made in terms of applications submitted via CIPC’s electronic platforms for the below services: 

• Company Name Change (Form CoR15.2)

• Authorised Share Changes (Form CoR15.2)

• Change in Company Address (Form CoR21.1)

• Company Registration (Short Standard Private Form and Short Standard NPC)

• Section 23(3) of the Companies Act, 2008 mandates every company or external company to maintain at least one office in the Republic and register the address of its office, or its principal office in case of multiple registered addresses, with the CIPC.

The request for confirmation or evidence is issued in terms of Companies Regulation 168 of 2011. Companies Regulation 168 provides the CIPC with the powers to request reasonable evidence to a filing and if such reasonable evidence is not provided or the evidence provided is unsatisfactory, to reject the filing.

It should further be noted that it is a criminal offense to submit wrong information to the CIPC.

The request for confirmation or evidence will indicate the steps to be followed to submit the confirmation or evidence to the CIPC and the request will come from the e-mail address: [email protected] 

It is requested that directors comply with the requests timeously. Failure to comply will have serious consequences for the company.

Emails issued from the above-indicated e-mail address is not a scam, is a valid request in terms of the Companies Act, 2008 and Companies Regulations.

All documents requested through this email must be submitted via the ticketing system as directed in the email.

For any further enquiries, kindly log a ticket via www.cipc.co.za/enquiries.

Click here to download Notice 43 of 2023:

https://www.cipc.co.za/wp-content/uploads/2023/07/validation.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.

• 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.

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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