CIPC: Update on Company and CC re-instatements

CIPC: Update on Company and CC re-instatements

• 11 April 2025
• CIPC
• South African Accounting Academy

Summary:

CIPC: Update on Company and CC re-instatements.

Article:

The following key updates are relevant:

1. Improved Turnaround Time: Additional resources have been allocated to enhance the efficiency of the re-instatement process.
2. Automatic Processing: Once the application is tracked/indexed, it will be automatically processed, and a confirmation letter will be issued to the e-mail address of the customer who submitted the application.
3. Re-instatement Process: After processing, the status of your company or close corporation will change to  Re-instatement Process. All outstanding Annual Returns and AFS/FAS must be filed within 30 days to complete the process and to change the status of the company or close corporation to in business.  Failure to file the outstanding Annual Returns will result in the company or close corporation being referred back to final deregistration and the process must be restarted.
4. Beneficial Ownership Declaration: The requirement to submit Beneficial Ownership Declaration has been relaxed for completing the re-instatement process.  It must be noted that the Beneficial Ownership Declaration must still be filed post re-instatement since there is not a waiver of this legal obligation.
5. General: Do not resubmit an application if you have already filed one. It results in duplication in the processing queue which will lead to delays in finalizing your application.

These updates will create more capacity to focus on indexing/tracking of re-instatement applications and enquiries on Re-instatements.

Here are some common causes for non-processing that companies and close corporations should be aware of to ensure successful tracking of the re-instatement application:

• Applications must be submitted to [email protected] – not [email protected]
• Do not submit application to multiple mailboxes – only submit to [email protected]
• Sufficient funds (R200) must be available in the indicated customer code on the CoR40.5 form.
• Customer code must be clear and legible.
• When submitting the application, please ensure that all attachments are in PDF format (not WinZip, Word, Excel, JPEG, or other emails etc.) and included in a single email. CIPC does not download attachments from links or other sites.
• Ensure that the scanned attachments are of good quality and legible for processing.
• If the application is submitted by a representative on behalf of the company or close corporation, please include a valid mandate document.

Click here to download Notice 18 of 2025:

https://www.cipc.co.za/wp-content/uploads/2025/04/Notice-Re-instatement-Requirements_April-2025_signed.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.
• As an auditor, independent reviewer and accountant you need to consider the impact of the Companies Act Regulations on your service offerings, as well as on your client’s filing obligations and the resulting deregistration and re-instatement processes.

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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