How can I do a Company Exists search and then find the Status if I need to check that?
Use our “Step 1-2-3 How Do I…” instruction guide to help you with all of our search types.
Where does this information come from?
Our data service provider, SearchWorks, sources the information from the CIPC database.
Who do we contact if the information on the company is incorrect?
You will need to contact the CIPC (Companies Intellectual Property Commission) via their channels:
Phone: 086 100 2472 (CIPC)
Physical Address: The??DTI Campus (Block F – Entfutfukweni)
77 Meintjies Street
What search is free?
The initial search on “Company Registration Status” will give you a list of companies that contain the characters you searched for, this will tell you if the company exists on the CIPC database, so that you can select the correct company that you want to search on before paying anything, this is free (the company exists on CIPC database).
How can I get full company information if I do not have the Registration Number?
First perform the “Company Registration Status”, then select the correct company to receive the Registration Number, Company Name and Company Status – you will then be able to do a detailed Company Information search for an additional R57.00. We do this so that you are 100% sure of the search criteria – you may very well decide after the “Company Registration Status” that you have what you need and not require a full detailed search.
What number format is needed on the searches?
The format is forced in the “Registration Number” search criteria field, which follows the YYYY/NUMBER/##. On the ID number, it is the full number WITHOUT spaces.
What could be the reason for incorrect information?
Sometimes when data is captured in such high volumes, data capturers may have a slip on the keyboard, or copy the data incorrectly – this can be rectified through their various forms. For search purposes, we offer the “First 5 or more” search criteria input fields, so that you can select from a list of companies, ensuring the correct search request.
Do we get our money back if the search comes up blank or with the incorrect information?
Unfortunately not, we incur charges on your behalf when we search the databases. If you request company information and it comes back with no data, you have in fact received the information you were requesting – the company, or director does not exist and is therefore not registered with CIPC. If you make a mistake on the company name or registration number, we still need to charge you, as we have given you what you requested and we have been billed by our providers.
What happens if the PayFast payment goes wrong?
Email us on email@example.com with as much detail as possible and we will look into it and get back to you as soon as possible.
Is the payment gateway, PayFast secure?
We have never had a problem with the company or system at PayFast, the payment system is as secure as your banking interface. You can call them to verify our relationship if you wish, their telephone number is??0861-PAYFAST.??They use Extended Validation SSL with 256-bit encryption. Only two of the four major South African banks use this, the highest, level of encryption currently available. So your transaction is safe.
How do we get a CC revived or get a CC re-instated?
Extract from CIPC…
Re-instatement of a Close Corporation
Once a CC has been deregistered, an application can be made to have it re-instated, provided that the following procedures are followed:
- First confirm the status of the CC with the office because an application may have been lodged by the South African Revenue Service for the CCs deregistration.
- If it is confirmed that it is deregistered, the following procedure for reinstatement should be followed:
- Submitting a reinstatement application on form CoR40.5; and
- Submitting all outstanding annual returns
Documents to submit for re-instatement of a close corporation
The following information documents must be submitted for re-instatement:
- Lodge the CoR 40.5 form with a fee of R200.00.
- Certified ID copy of the applicant (director/member);
- Certified ID copy of the customer, filing the application;
- Deed search (reflecting ownership of immovable property or not);
- Letters from National Treasury and the Department of Public Works, indicating that such departments have no objection to the reinstatement, if it has immovable property;
- Advertisement in a local newspaper giving 21 days notice of proposed application for reinstatement;
- Affidavit indicating the reasons for the non filing of annual returns, if deregistration was due to non compliance in relation to annual returns;
- Affidavit indicating the reason for the original request for deregistration, if the company or close corporation itself applied for deregistration; and
- Sufficient documentary proof indicating that the company or close corporation was in business or that it had any outstanding assets or liabilities (e.g. property, intellectual property rights), at the time of deregistration.
How do I get a company (PTY) re-registered/reinstated/restored?
Under the regime of the Companies Act, 1973, companies who wanted to restore a company had to apply to the High Court of South Africa for such restoration. The Companies Act, 2008 has simplified this process immensely in order to assist the business world in preserving their companies and close corporations.
When a company and close corporation wants to apply for the restoration of that entity the following documentation needs to be lodged with the Companies and Intellectual Property Commission (CIPC), together with a fee of R200 for re-instatement:
CoR 40.5 Application for reinstatement of deregistered company;
Certified ID copy of the applicant (director/member);
Certified ID copy of the customer, filing the application;
Deed search (reflecting ownership of immovable property or not);
Letters from National Treasury and the Department of Public Works, indicating that such departments have no objection to the re-instatement, if it has immovable property;
Advertisement in a local newspaper giving 21 days notice of proposed application for re-instatement;
Affidavit indicating the reasons for the non filing of annual returns, if deregistration was due to non compliance in relation to annual returns;
Affidavit indicating the reason for the original request for deregistration, if the company or close corporation itself applied for deregistration; and
Sufficient documentary proof indicating that the company or close corporation was in business or that it had any outstanding assets or liabilities (e.g. property, intellectual property rights), at the time of deregistration.
Benefits of Electronic Registration of Companies
CIPC realises that time is precious and that customers would like to transact with CIPC in a fast and efficient manner. Due to this, CIPC introduced the electronic registering of private companies. The online registration of a company can be done within one day. Despite the introduction of the online company registration a lot of customers still file their applications manually. Submitting manual application forms for company registrations take 20 working days to finalise.
CIPC encourages customers to utilise ClPC’s electronic systems to file applications. This will ensure that company registration can be completed within 24 hours. Take note that documents can be forwarded to firstname.lastname@example.org. To view a step by step guide on how to register your company online, visit the CIPC website www.cipc.co.za and click on the “I want to…”. link on the left menu of the www.cipc.co.za home page.
Relaunch of Annual Returns System – Online Returns
Notice from CIPC to customers:
The Companies and Intellectual Property Commission (CIPC) would like to inform customers that the core annual return system will be re-launched on 5 August 2013. The core system will comprise of the filing application itself, an annual return fee calculator, resetting of customer passwords only for the annual return rulings and confirmation letters and abridged certificates.
E-mail any comments, suggestions or requests for assistance to annual email@example.com or alternatively contact the ClPC call centre on O86 100 2472.
What causes a company to be deregistered?
Extract from CIPC…
A company or close corporation may be referred for deregistration in the following circumstances:
Upon application by the company / close corporation itself;
If annual returns are outstanding for more than 2 (two) successive years, in which case the company or close corporation will be automatically referred by the system and then notified;
If the Commission believes that the company or close corporation has been inactive for 7 (seven) years or more.
Once a company or close corporation has been finally deregistered, it may apply for restoration where after all outstanding information (including annual returns) must be lodged.
What are the different type of companies that can be applied for?
Extract from the CIPC…
Non-profit Companies (NPC)
A company incorporated for public benefit or other object relating to one or more cultural or social activities, or communal or group interests; and
The income and property of which are not distributable to its incorporators, members, directors, officers or persons related to any of them.
Private Companies (Pty) Ltd
Private companies under the new Act are prohibited to offer securities to the public and the transferability of their shares are also restricted. Private companies however, are no longer limited to 50 members as was the case under the current Companies Act.
Public Companies (Ltd)
The definition of a public company is largely unchanged. The only difference is that a public company under the new Act only requires one member for incorporation compared to the 7 members under the current companies Act.
Personal Liability Companies (Inc)
The directors and past directors (where applicable) of such companies are jointly and severally liable together with the company for any debts and liabilities arising during their periods of office.
State-Owned Companies (SOC Ltd)
A State owned company is either a company defined as a “state-owned enterprise” in the Public Finance Management Act 1 of 1999 or a company owned by a municipality. The majority of the provisions of a public company will apply to state-owned companies as well.
Foreign and External Companies
A foreign company is a company incorporated outside of South Africa , irrespective of whether it is a profit or non-profit company or carrying on business in South Africa or not. A foreign company is prohibited from offering securities to the South African public unless it follows the specific provisions of the companies Act, relating to offers to the public.
A foreign company is required to register as en external company with the CIPC if it conducts or intends to conduct business in South Africa. The Companies Act in terms of Sect 23 lists a series of activities which will be regarded as conducting business. This list is much broader than the provision in the 1973 Companies Act relating to a place of business in South Africa.
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