CIPC: Practice notice 2 of 2023 – Process to amend company directors

CIPC: Practice notice 2 of 2023 – Process to amend company directors

• 28 July 2023
• Accounting
• South African Accounting Academy

CIPC would like to make its services more accessible to all customers with ease. 

In order to change company directors without any hassle, please follow the guideline below.

You need to log on to our website (www.cipc.co.za) first and then follow these easy steps:

1. Select “ENTERPRISE MAINTENANCE” on the menu

2. Under either:

MAINTAIN A PRIVATE OR PERSONAL LIABILITY COMPANY

OR

MAINTAIN A PUBLIC OR STATE-OWNED COMPANY

3. Select “CHANGES TO MANAGEMENT, ADMIN & GOVERNANCE”

4. Select the 7th bullet: “Appointment, resignation or removal of directors.”

The notes that appear will guide you on the process of amending company directors, the supporting documents to be included, and the correct email addresses to be used.

Click here to download the Practice Note:

https://www.cipc.co.za/wp-content/uploads/2023/07/Practice-Notice-No-2-of-2023.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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