CIPC: Scan to e-mail requirements

CIPC: Scan to e-mail requirements logo

Summary:

The Companies and Intellectual Property Commission (CIPC) has re-issued a notice originally dated 20 June 2014, to remind customers to adhere to the Scan to e-mail requirements.

Article:

The notice sets out, inter alia, the following Prescribed requirements to ensure that applications are processed promptly, including the applicable document attachment via e-mail:

  • Applications may not be filed in parts
  • Applications will not be downloaded by CIPC from other sites such as Google
  • The subject of the e-mail must state the customer code, form code, entity name and registration number (where applicable) - each item of data must be separated by a comma
  • Limitation on file size to be emailed is set at 10 MB
  • Scanning requirements are clearly stipulated
  • File format requisites are the standard PDF format and TIFF format only - no J-peg or other format files will be accepted

It is an offence in terms of Section 215(2)(e) of the Companies Act to submit false information to the CIPC and persons found guilty of submitting such will be prosecuted.

Click here to download Notice 64 of 2024:

https://www.cipc.co.za/wp-content/uploads/2024/09/2014_06_20_Customer_Scan_E-mail_Requirements.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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