CIPC: Non-Compliance with the Annual Compliance Checklist submission

CIPC: Non-Compliance with the Annual Compliance Checklist submission logo

Summary:

The Companies and Intellectual Property Commission (CIPC) has observed that an increasing number of companies have failed to submit their annual Compliance Checklists within the required timeframe, and have issued a notice in this regard.


Article:

On 5 March 2020 and as per Notice 9 of 2020 it became mandatory, on an annual basis, for the following categories of companies to submit a Compliance Checklist:

  • Incorporated – Inc. (21)
  • Proprietary Limited – (Pty) Ltd (07)
  • Limited – Ltd (06)
  • State Owned Company – SOC (30)
  • Non-Profit Company – NPC (08)

Failure to submit documentation timeously, constitutes non-compliance with the Companies Act and undermines the integrity of the corporate regulatory framework.

The CIPC may issue a Compliance Notice requiring remedial action. Failure to comply may result in further enforcement action, including administrative penalties. 

REQUIRED ACTION BY COMPANIES 

The Compliance Checklist is a free standalone service and can be accessed by logging onto CIPC’s E- Services website. Click on the Other/More Services icon, Business Maintenance and then on the Compliance Checklist link.

Companies are required to: 

  • Submit the Annual Compliance Checklist timeously. 
  • Ensure that all information submitted is accurate and complete. 
  • Regularly review their compliance with the Companies Act. 

CIPC has previously called on companies and urged them to complete the compliance checklist accurately – by issuing Notice 53 of 2025, which can be accessed at https://www.cipc.co.za/wp-content/uploads/2025/12/CUSTOMER-NOTICE-53-OF-2025-_-Compliance-Checklist.pdf  Refer to our previous Alert dated 12 December 2025 

Click here to download Notice 28 of 2026:

https://www.cipc.co.za/wp-content/uploads/2026/06/Customer-Notice-28-of-2026-Mandatory-submission-of-Compliance-Checklist_.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.
  • It creates an opportunity for practitioners who provide company secretarial services to have a more focused engagement with their clients (i.e. directors) on the statutory obligations thus saving time and scarce resources and ensuring accurate up to date filings are made to the CIPC.
  • 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.
  • It is important to stay informed on publications issued by the regulators, e.g. CIPC.

Relevance to Your clients:

  • An entity (company or close corporation) has a duty to comply with the Companies Act, and directors have to fulfil their duties accordingly, otherwise they could be held liable.
  • It is important to stay informed on publications issued by the regulators, e.g. CIPC.

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