DOCUMENTS

CIPRO tightens controls

Company's announces new measures for director changes, restoration of deregistered businesses

CIPRO strengthens change of directors and restoration of deregistered businesses

Pretoria, Wednesday, 4 August 2010 The Companies and Intellectual Property Registration Office (CIPRO) today announced measures to enhance the manual process of change of directors and introduced additional requirements for restoration of businesses deregistered due to non compliance to annual returns.

These control measures were introduced as part of CIPRO's constant review of its business processes and related business rules to assist in improving the quality and integrity of our data, as well as protecting corporate information at our disposal.

"In 2009 CIPRO introduced the customer verification system for electronic lodgements of CM 29's which has had a positive effect on the updating of our data," said Lungile Dukwana, Acting Chief Executive Officer. The new control measures for manual CM 29's due for implementation from 10 August 2010 include:

  • Lodgement of certified copies of identity documents, passports, or other valid forms of identification of directors and other officers;
  • Lodgement of a certified copy of an extract of the minutes where the resolution to appoint or remove directors was made; and
  • Lodgement of a certified copy of notice of such a meeting.

In addition to these measures, CIPRO introduced new requirements for restoration of businesses that were finally deregistered due to non compliance with annual returns on 16th July 2010.

In the case of a company, a letter on a letterhead is required from either the company or its authorised representative including the following information:

o  Indicating reasons why annual returns were not lodged;

o  Request for restoration (signed by an authorised representative);

o  Customer code for deduction of restoration fee of R150.00;

o  Undertaking that all outstanding annual returns will be lodged; and

o  Certified ID copies or passports of all directors and the applicant (acting on behalf of the directors).

If the business entity is a close corporation, a CK3 form with certified copies of ID's or passports of all members and the applicant (authorised representative) have to be submitted to CIPRO. 

The original documentation may either be posted or hand delivered to the CIPRO offices or scanned copies may be e-mailed to [email protected].

If deregistration was due to any other cause and/or has an effective date other than 16 July 2010 the normal restoration procedures must be followed. The cause of final deregistration may be confirmed via the "enterprise enquiry" function on the CIPRO website.

Customers are reminded that annual returns are due annually in the anniversary month and deregistration kicks in immediately thereafter should the business not comply. Customers are also urged to submit annual returns during the month and not wait for the end of the month to avoid the rush and subsequent penalties. 

Customers who require further information or want to log an annual return query or request a restoration must email [email protected]. Only emails to this address will be responded to. Other queries may be addressed to [email protected] or [email protected].

Statement issued by Dr Elsabé Conradie CIPRO, August 4 2010

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