New Registrations Please click on the question line for the answer to open/close.

Q. How do I register a Company in South Africa?

A. Start by choosing your desired company registration option package. We will be in contact after you have applied and paid the required amount, to process your Company Registration Documents online.

Q. How do I register a CC?

A. The Close Corporation (CC) and Private Companies (Pty) Ltd. company formats have been merged since the new Companies Act of 2008 has been introduced. Only “Pty Company Formats” can be registered ever since. If you still have a CC, it could be best if you convert it to a Pty.

Q. What do I need to register a new Company?

A. There are three requirements:

1. ID / Passport;
2. South African Address (personal and / or business);
3. Ages 18 and older.

Q. How many people are needed to start a Company?

A. Your minimum is one director; and the maximum directors are 20 (twenty).

Q. How long does the company registration process take?

A. It all depends on the option and/or package that you select. It may be 5 to 10 working days.

Q. If I have a Sole Proprietor and I have a “Trading As” name, can I use that name for my new PTY

A. The “Trading as” concept has fallen away. According to the current Consumer Act you will not be able to use the term ‘TRADING AS’. You need to have your Trading Name on all documentation, signage and so forth. If you want to register your PTY with your trading as name, we will first apply for a name reservation at CIPC to see if your name is available for registration.

Q. What is the Difference Between a Shelf Company and a PTY Company?

A. Shelf Company is a PTY that has already been registered with the CIPC with one purpose in mind and that is to be sold to persons in need of a Company Registration Number for either a contract or tender application. The shelf companies we have available have no trading history or vat/tax. Included in the price of the shelf company will be the possible amendment of the name and the business address as well as the director details.

A. PTY Company is a company that still needs to be registered. Where you can choose your company name and submit you directors from scratch. Here you will have to go through the process of the name reservation and final registration which will be dependent on the CIPC and the timeframes may vary depending on the current workload at the CIPC. On average such a process turnaround time is about 15 working days.

Q. Is a Shelf Company better than a PTY Company?

A. It depends on situation. It you have a tender and you need a company quickly, then a Shelf Company can be worth it. Or if you are a Lawyer and you need to set up a Contract quickly. In the Shelf company registration process we need to change the Director (s) and Business Address of the Company. Please note, with a Shelf Company the Amendment Process varies between 15 – 30 working days and you will not be able to open a Business Bank Account until the amendments have been completed at the CIPC. You also have an option to change the Shelf Company Name, this will also be an additional amendment.

Q. I have already reserved my name at CIPC, but I don’t know how to proceed. Can you help?

A. Yes we can assist. Please apply here and indicate next to your Company Name that the Name has already been reserved by stating “Reserved”. A consultant will be in touch to assist you with the Company registration.

Q. Are there any other fees payable after my Company has been registered?

A. Our fees are all inclusive for the first 12 months after registration date. By South African Law registered Companies must pay an Annual Return fee to the Company Registrar (CIPC) once every 12 months.

Q. Did you receive my Documentation?

A. When you sign up Online you will receive an email with further information. In this email you will be directed to send your Documentation to a specific email address. The Document department will confirm documents received within 24 hours via email and in certain instances via SMS.

Q. Which locations in South Africa does our service’s cover?

A. We are not bound by location and neither is your registration, as we can register a Pty for you if you are located in South Africa or anywhere in the world where you have internet access. Contact us for more information.

Foreign Directors

Q. I am a foreigner with no passport. Can I register a Company and open a bank account in South Africa?

A. CIPC only accepts ID / Passport copies. You will also need a valid address in South Africa for your Company. To open a bank account for day-to-day trading in a South African bank you will need to have a South African partner (director in the Company).

Company Certificates

Q. Do I get an original hard copy Registration Certificate?

A. CIPC has recently changed their certification system to an entirely online system. All Company Certificates are sent electronically via email. You can print it out and it will be accepted for all your business endeavours in South Africa.

Q. What is an MOI?

A. MOI stand for Memorandum of Incorporation. It is one of the Registration Documents a business owner needs to operate his / her Company officially. You also need your MOI documents in order to open a business bank account at most banks.

More Services

Q. Who is referred to as “black” according to the Codes of Good Practice for BEE Certification?

A. The term “black people” is a generic term which means African, Coloured or Indian persons who are natural persons AND:

are South African citizens by birth or descent; or
are citizens of the Republic of South Africa by naturalisation before the commencement date of the Constitution of the Republic of South Africa Act of 1993; or
became citizens of the Republic of South Africa after the commencement date of the Constitution of the Republic of South Africa Act of 1993, but who, but for the Apartheid policy that had been in place prior to that date, would have been entitled to acquire citizenship by naturalisation prior to that date;

Q. If I am not a resident of South Africa, can I qualify for BEE.

A. No, according to the Codes of Good Practice: “Black people” has the meaning defined in the Act qualified as including only natural persons who are citizens of the Republic of South Africa by birth or descent: or are citizens of the republic of South Africa by Naturalisation: Which means the following.

Occurring before the commencement date for the constitution of the Republic of South Africa Act of 1993; or
Occurring after the commencement date of the Constitution of the Republic of South Africa Act of 1993, but who, without the Apartheid policy would have qualified for naturalisation before then.

Q. What are the requirements to receive a Letter of Good Standing from the Compensation Fund?

A. The following Requirements are necessary:

You will need a registered company. To register a company.
You need to be registered with the Compensation Fund.
The annual fees that are payable at the Compensation Fund, need to be up to date.

Q. My Company has gone into deregistration and I would like to stop the process. What do I do?

A. If CIPC has no recorded Annual Return fees for you Company for the past few years, we can restore your Company by updating the Annual Return fees. If your company fees were too far in arrears (normally 2 years or more) your Company may have been ‘deregistered’ and thus taken off CIPC’s system and unable to trade. In this case you can apply to Re-instate your Company (either Pty or Close Corporation).

Q. How can I validate information of my company / other Companies with ease?

A. All Companies are registered with CIPC (Companies and Intellectual Property Commission) and can be validated through a Certificate of Confirmation containing all the location / Director’s details of the company.

Q. Why do I need to have Share Certificates made?

A. Banks and numerous other entities require that you have a Share Certificate, even if you have only one Shareholder. Shareholder Certificates (separate function from CIPC) can only be created legally by following a very specific process.

If you want to do this the right way, an attorney or an accountant is the appropriate enterprise to prepare a legal Shares Certificate for your business../span>

Q. If I have a CC should I keep it or switch to PTY?

A. You can keep it as it is. Note, there are new requirements that are necessary so that you will need to stay up to day. If you switch to a PTY you will gain access to Shares that you will be able to sell and use for investment. A CC is not recognised if you want to do Imports or Exports. So it is a good idea to covert.

For more information why a PTY is the best option.

Q. Do I need an accounting officer?

A. You don’t need an accounting officer upon registration, however, we do advise that you use one after registration to take care of you bookkeeping and other financial needs. Jack Liebenberg, based in Gauteng is our in-house accountant who can assist you with all your accounting needs.

Q. What is a trust?

A. A trust is a separate entity from an individual, totally distinct as one ‘person’ from another, however not unlike a CC or PTY LTD. It is quite unique, in that it is not a creature of statute, but it is the product of a contractual arrangement. The Income Tax Act, deeds registry act, transfer duty act, Value added Tax Act and the Insolvency act afford a trust legal personality. We can contrast a Trust with a CC or a Pty Ltd which are entities created by completing and registering certain statutory forms with the Registrar of Companies which then registers the CC or Pty Ltd and it comes into being. A Trust is created by contract which is a Legal document, commonly referred to as a Trust Deed. The following points are important to remember, a Trust while not legally being referred to as a person is separate from you, a trust is not owned by any one, and a trust never dies or terminates unless it is terminated by agreement or it is sequestrated if it is unable to pay its debts. The latter qualities make a Trust the only entity which will afford total asset protection and estate duty savings along with a myriad of other benefits. There are various types of trusts, namely; Testamentary trusts, Vesting or Bewind Trusts, Special Trusts and Discretionary Trusts, the Discretionary trusts is more applicable than the other form of trusts are of no benefit to us as they do not afford the necessary asset protection and estate duty savings and Capital tax saving benefits that discretionary trusts are able to offer.

Q. I want to register a Co-Operative. Can you help me?

A. No.

Q. How are shares allocated to the different shareholders of the Company?

A. Shares are allocated through a share certificate. We can assist you with a share certificate for your Company.

Q. Do I have to register my Pty for Income Tax / Tax Clearance / VAT?

A. Yes, after the registration process is complete, CIPC should automatically register your income tax number. If CIPC fails to register your Company for income tax due to system errors, you will have to go to SARS to register your Company’s income tax number. After you have a number, you need to ‘verify’ your Tax Registration. We assist with your “Tax Registration Verification” as well as a Tax Clearance Certificate at SARS.

VAT registration can only be done after the Pty Company has proof of R50 000 or more in sales (to be shown with invoice or contract). Once your Pty reaches these requirements for VAT we can register your VAT number.