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CIPC: Non-complying entities with issued compliance notices
- 13 March 2026
- CIPC
- South African Accounting Academy
Summary:
The Companies and Intellectual Property Commission (CIPC) has issued a notice, stating that they will make public the names of the entities that failed to comply with the requirements of the Compliance Notices issued, and the Company Tribunal has not set aside/or modified such Compliance Notices.
Article:
This notice is intended to notify those entities that have not complied with the Compliance Notice’s requirements issued under section 171 of the Companies Act 71 of 2008 and, as a result, have not effectively corrected the non-compliance that occurred within their entities.
The preceding Notice No. 65 of 2016 regarding the modification of the registered entities’ Compliance Status on the Disclosure certificates is followed by this notice. After investigating, the CIPC must prepare an inspector’s report along with the compliance notice in accordance with section 171. The CIPC may, at its discretion, make the inspectors’ report public in terms of section 170(2).
Observations
- Through its compliance monitoring efforts under section 187 of the Act, CIPC has noticed a pattern in which entities have disregarded the Compliance notices that were sent out to redress the non-compliance of the applicable laws as specified in Schedule 4 of the Act.
- To improve corporate accountability and transparency among the registered entities, the compliance status of those entities that have not complied with the issued Compliance Notices has been changed to “Failed to comply with the Compliance Notice,” which will be shown on their disclosure certificates. Apart from the modification of compliance status, the Commission will publish the names of all entities with outstanding compliance notices.
Implication of Non-Compliance with the Compliance Notice
Therefore, it is strongly advised that entities verify their most recent disclosure certificate and comply with the requirements outlined in the Compliance Notices. CIPC is in the process of requesting administrative fines from a court of competent jurisdiction and the relevant non-compliant entities will be served with the relevant legal documents. According to section 175 of the Companies Act, a court may impose administrative fines of up to 10% of the company’s turnover during the non-compliant period or R1 million, whichever is higher.
For enquiries regarding the non-compliance of compliance notices, email: Cor135.1complaints@cipc.co.za
Click here to download Notice 15 of 2026:
https://www.cipc.co.za/wp-content/uploads/2026/03/Notice-15-of-2026-aproved.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.
- 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:
- Entities who are non-compliant, should be aware that CIPC may make their name public.
- 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.