Reinstating a company in South Africa typically occurs after it has been deregistered, either voluntarily or by the Companies and Intellectual Property Commission (CIPC) due to non-compliance, such as failing to submit annual returns. The process to reinstate a deregistered company involves several steps:
Here’s a guide to the process
Check the status of the company on the CIPC database to confirm that it has been deregistered.
Complete the application for reinstatement. This requires Form CoR40.5, available on the CIPC website.
Advertise the intention to apply for reinstatement in a local newspaper, and keep a copy of the advertisement. This notice should run for a certain period as specified by the CIPC. We can advise you on this.
We will need: Letter of No Objection: If the company owned property, obtain a letter of no objection from the Department of Public Works or relevant local authority. Affidavit: Prepare an affidavit stating the reasons for the company’s deregistration and the reasons why it should be reinstated. Proof of Advertisement: Provide proof of the newspaper advertisement.
We can advise you on these steps
We will submit the completed documentation, affidavit, proof of advertisement, letter of no objection (if applicable), and other required documents to the CIPC.
Clear any outstanding annual returns. This might require paying penalties and filing missing returns.
The CIPC will process the application. This can take some time, depending on the backlog and complexity of the case.
Once processed, the CIPC will reinstate the company and update its status on the CIPC database.
After reinstatement, we will ensure that all company records, including the register of directors and shareholders, are updated.
We will inform stakeholders, banks, suppliers, and clients about the reinstatement of the company.
Going forward, ensure regular compliance with CIPC requirements, especially the submission of annual returns.
The process of reinstating a company in South Africa is detailed and requires careful adherence to CIPC procedures. It's important to ensure all steps are correctly followed to avoid delays or further complications.
Get Started