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  • Company Registration


REGISTERING A COMPANY
An adequate company law system which incorporates an effective company registration process is of utmost importance to the economy and to business. Such a legal system serves to afford appropriate protection to business owners from direct business liabilities and a vehicle to participate in commerce.

The following is a list of examples of the types of companies that can be registered in terms of the Companies Act 2008:

  • a Private Company with a Standard MOI;
  • a Private Company with a customised MOI;
  • a Public Company;
  • a Non-profit company (“NPC”);
  • a NPC with members;
  • a personal liability company- this type of company could be suitable for an association of professionals such as civil engineers;
  • If you wish to run a Franchise business, you would register a private company.

A company is regarded as a juristic person if it has been incorporated by registration by the the Companies and Intellectual Property Commission   (“the CIPC”). A juristic person is regarded as having the legal powers and capacity of an individual. If a business is not registered as a company (or close corporation), it is not regarded as a juristic person. A company which has been incorporated by registration has all of the powers and capacity of an individual, except to the extent that -

  • a juristic person is incapable of exercising any power or having any capacity of an individual (for example to enter into a marriage or drive a motor vehicle); or
  • the company’s memorandum of Incorporation (“MOI”) provides otherwise. 

When you apply to have a company registered, the registration of a company with a Standard Memorandum of Incorporation (“MOI”) can be selected. A company can also have a customised MOI.

Upon registration of a company a certificate of incorporation and a registration number will be issued by the CIPC.



RESERVING A NAME OF A COMPANY
In some circumstances it will be advisable to also reserve a corporate name for the company. You may apply for a maximum of four names in each application to reserve a name. The corporate name that you decide to reserve will be rejected if it would be easily confused with an existing company’s name. If you do not opt to apply for a name reservation as part of the registration process, the company will be registered under its registration number. 





APPOINTING A PUBLIC OFFICER AT THE SOUTH AFRICAN REVENUE SERVICES (“SARS”)
Every Company should appoint a public officer within 3 months after its registration. A Public Officer of a Company is the representative of the Company in respect of the Company’s Tax obligations. The appointment of a Public Officer is a manual process and cannot be done on-line.

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  • Home
  • ABOUT THE FIRM
  • FIELDS OF EXPERTISE
    • COMMERCIAL & SMALL BUSINESS LAW >
      • Companies
      • Business Agreements
      • Commercial Leases
      • Sale of Business
      • Partnership
      • Joint Venture
      • Franchising
      • Restraints of Trade
      • International Licensing Agreements
      • Project Management
      • Construction Law
      • Product Liability
      • Product Recalls
      • Competition Law
      • Debt Collection
      • Insolvency, Sequestration and Liquidation
      • Website and Domain Names
      • Trade marks
      • Inventions and Patents
    • CORPORATE LAW >
      • Company Registration
      • Company Reregistration
      • Company Secretarial Services
      • Memorandum of Incorporation
      • Shareholder's Agreements
    • PERSONAL AND FAMILY LAW >
      • Wills and Testaments
      • Estates and Estate Planning
      • Executors and Agents
      • Personal Trusts
      • Antenuptial Contracts
      • Divorce
      • Maintenance
      • Care, Contact and Guardianship
      • Sequestration and Insolvency
      • Mediation
    • CONSUMER PROTECTION >
      • Consumer Protection and the Consumer Protection Act
      • Credit Agreements and the National Credit Act
      • Cooling-off Rights
      • Product Defects
      • Defective Repairs
      • Injuries Caused by Defective Products
      • Unfair Contracts
      • Rental Agreements and Leases
      • Housing Consumers
      • ITC / Black-Listed
      • Older Persons and the Law
      • Investment Laws
      • Building Contract Disputes
  • CONTACT US