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  • Company Reregistration


Payments of Annual Returns to the Companies and Intelectual Property Commission are compulsory payments that a company is liable to pay annually to the CIPC. Failure to file annual returns may lead to the company being deregistered.

When a company is dereregistered, it ceases to exist. There are multiple reasons why the deregistration of a company should be avoided. These reasons include:

  • a deregistered company lacks legal capacity to transact;
  • there may be certain problems with accessing and managing your company’s bank account, as the bank account’s owner (the deregistered company) technically has ceased to exist;
  • any assets, movable or immovable properties owned by the company (or Close Corporation) will be forfeited to the State and regarded as “bona vacantia assets”- it therefore vests in the State and not in the deregistered company. 


Any rights that the company had prior to its deregistration will be revived upon re-instatement.

RE-INSTATEMENT OF A DE-REGISTERED COMPANY
When the CIPC has commenced a deregistration process of a company, the annual returns together with the applicable penalty fees should be promptly paid. The deregistraton process can then be halted. Once a company has been finally deregistered it can only be restored if it is re-instated. In order to re-instate a company various steps have to be taken, for example advertisements in a local newspaper, and the obtaining of permission letters from the Department of Public Works and the National Treasury.  

The CIPC will only re-instate a company or close corporation if:

  1. the company or close corporation was in business at the time of deregistration (Sufficient documentary evidence in the form of bank statements for a period of six months before and six months after deregistration are required); or
  2. immovable property is registered in the name of the deregistered business; or
  3. it is in the best interest of a creditor.

If none of the above can be proven by the documentary evidence, the Companies and Intellectual Property Commission will not re-instate the company or close corporation and it may then be advisable to register a new company.

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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