URGENT notice re Director Amendments

URGENT notice re Director Amendments

• 05 December 2023
• Compliance
• South African Accounting Academy

CIPC wishes to apologize for the delays in making the new online Director Amendment system available for the change of directors as of 1 December 2023. 

CIPC has noticed that some customers continue to bypass the old services on 30 November 2023 and have submitted applications that require CIPC to complete those first, so as not to have data corruption. CIPC cannot continue to postpone any longer even if people are still using their way to access the old system instead those applications will not be processed and CIPC will focus only on the applications received via the new system.

Having said that 4 December 2023 was their last day of processing all applications which were received from Friday, 1 December 2023 after hours until the morning of 4 December 2023. 

On 5 December 2023, CIPC will sunset the current e-services and open a new one for the applicants to be able to submit.

Refer to our previous Technical Alert dated 30 November 2023 

Click here to download Notice 68 of 2023:

https://www.cipc.co.za/wp-content/uploads/2023/12/Urgent-Notice-for-director-amendments.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 so that companies continue to meet their compliance obligations.

Relevance to Your Clients:

• An entity (company or close corporation) must comply with the Companies Act, and all relevant notices/enforcements/practice notes/customer letters issued by CIPC as the regulator.

• Failure to comply with CIPC requirements may lead to an investigation and/or the issuance of compliance notices.

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