CIPC: NB aspects re delay in processing company and CC Re-instatement applications

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CIPC will only be answering any enquiries received by [email protected] after 1 May 2024. This will assist the re-instatement team to focus on incoming re -re-instatement applications then addressing enquiries that have been resolved. If your application has not been processed, and your enquiry falls within the period of on or before 30 April 2024, kindly resent it to [email protected].

Customers must not resend applications or copy in [email protected] when forwarding an enquiry to [email protected]. If you copy in [email protected] when making an enquiry, the CIPC automated system running on the production mailboxes creates another image for processing. Therefore, it creates duplicate or triplicate applications.

Customers are also requested to forward re-instatement enquiries and follow-ups directly to [email protected] and not to site other mailboxes since such also creates duplicate enquiries. If received via the incorrect mailbox, the e-mail will be forwarded to correct enquiry mailbox – this may create a further delay in your enquiry being answered. It should also be noted that the service standard for enquiries within CIPC is 5 working days from date of receipt by the correct enquiry mailbox.

Reference is made to previous notices regarding the delay in the processing of re-instatement applications. The CIPC has provided an additional update to customers on progress made on the processing delay experienced on re-instatement applications (Form CoR40.5). Further progress has been made by the re-instatement team since the last update notice.

The indexing of incoming applications is up to date and the current turnaround time for capturing is 5 – 6 working days as per the date of this notice. Progress have also been made on the answering of re-instatement enquiries received via [email protected] but not to meet the CIPC turnaround time for enquiries namely 5 working days. Since the turnaround time for capturing of applications have changed from 15 working days (as per the latest delay notice) to 5 working days, most of the enquiries within [email protected] have been addressed due to the fact that the application has been processed.

For the list of enquiry mailboxes, refer to customer notice of 3 April 2024 – CIPC Enquiries System Not Available – alternative processes. https://www.cipc.co.za/wp-content/uploads/2024/04/NOTICE-_-ENQUIRY-SYSTEM-v2-002.pdf.

Click here to download Notice 36 of 2024:

https://www.cipc.co.za/wp-content/uploads/2024/04/Re-instatements_Notice_Delay-in-Re-instatements_30-April-2024v1.0.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 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 and that you are aware of the latest media statements 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 and to be aware of the latest media statements issued by CIPC as the regulator.

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