Frequently Asked Questions

These questions have been adjusted for the New Companies Act

1. When will the new Companies Act be implemented?
1 May 2011

2. What is CIPRO’s new name?
The Companies and Intellectual Property Commission, known as “The Commission”

3. What will happen to my New CC application if my registration is not completed by 1 May 2011?
If your application is in process and has a tracking number then The Commission will complete it.

4. What happens if my CC names are rejected, will the Commission complete my registration?
No, You would have to register a new (Pty) Ltd

5. How much will the new (Pty) Ltd registration cost?
R340 + R10 per director and R10 per shareholder and R150 per juristic shareholder.

6. How long will it take?
The Commission strives to issue registration numbers within a few business days. Name approval will take longer.

7. How many director and shareholders can I have on my New (Pty) Ltd?
Unlimited

8. Can I register a (Pty) Ltd without a name?
Yes, The Company will then be known by its registration number. To do this online click on the italics 'Click Here' on the page where you choose the names.

9. Can I “Trade As” if I only have a registration number?
No, The Consumer Protection Act states that only companies older than 1 year from 1 April 2010 may still be able to “Trade As”.

10. If I register a new Company with my own names will I get my registration before the names are approved?
Yes

11. If I do a name application, in case I want to use it later, how long will my name remain as reserved?
Six months - Note not available online at the current time

12. What is a potentially contested name?
If a name is similar to an existing company, the Commission may reserve the name as potentially contested. The Commission will then supply the applicant the contact details of the existing Company. The onus is then on the applicant to inform the existing company of the pending name. The existing company then has three months to object to the Companies Tribunal.

13. What is the Companies Tribunal?
It is an institution set up to handle dispute resolution, for example conflicting name disputes.

14. When must I complete my annual return?
To avoid penalties you must complete your annual return within 30 business days from the anniversary registration date of the company.

15. If my CC is deregistered due to non-payment of annual returns, will the Commission restore my CC?
Yes, however you may loose your company name if it has been deregistered for longer than six months.

16. Will my CC still exist as a registered entity after the 1 May 2011?
Yes, for an indefinite period. Nothing changes but you cant start new ones.

17. Do I require an auditor on my new (Pty) Ltd?
No, only large companies need to be audited.

18. Do new (Pty) Ltd’s require an Annual General Meeting?
No

19. Will I be able to do member changes and name changes to my CC after 1 May 2011?
Yes, everything as per normal.

20. Can I convert my CC to a new (Pty) Ltd?
Yes