Company Deregistration In South Africa

If you looking to deregister your company, this guide can help you every step of the way. Company deregistration can be a daunting task, but with our help, it doesn’t have to be. We’ll take care of everything for you so you can focus on other important things in your life. This comprehensive guide on company deregistering in South Africa can be used to make sure the process is as smooth and stress-free as possible for you.

• What Does Deregistering A Company Mean?
• What Triggers Deregistration?
• What Is The Process For Deregistering A Company?
• How Long Does It Take to Deregister A Company?
• How Do I Track The Progress Of My Application?
• Important Points To Note
• What If I Want To Stop A Deregistration?

What Does Deregistering A Company Mean?

A company is regarded as deregistered once it has been removed from the CIPC register. As a result, the company will no longer be allowed to trade, transact business, or enter into agreements, and it will be unable to take legal action against anyone else, nor will anybody else be able to take legal action against the firm.

What Triggers A Company Deregistration?

Company deregistration can be triggered by a number of factors including:

1. CIPC can deregister a company if it has failed to file two or more successive annual returns timeously. The system will automatically refer the company, and it will be notified by registered mail or other electronic means of contact. or;
2. If CIPC judges that a business has been dormant for at least seven years and no one has shown a legitimate interest in or cause for its ongoing existence, the firm may be removed off the register, or;
3. If a company’s registration has been moved to a foreign jurisdiction, CIPC may remove it from the register of companies, or;
4. The company itself applied for deregistration. This is on the condition that the company has ceased business operations and has no assets, or is unlikely to be liquidated due to asset deficiency.

What Is The Process For Deregistering A Company?

Step 1: Send a letter to the CIPC.

The following statement must be included in the letter to confirm that:

• The company or close corporation is not in operation or is dormant;
• The company has no assets, or there is no reasonable risk of the close corporation being liquidated due to the inadequacy of its assets (if third party, the statement must be accompanied with appropriate documentary proof corroborating the assertion)
• The letter must be signed by at least 50 percent of the active directors of the company or members of the close corporation, or by the third party seeking the deregistration, if the company or close corporation files the request; and
• Tax identification number (if available)

Step 2: Prepare supporting information

If the following supporting paperwork is not included in the letter, CIPC will not be able to action the changes:

• SARS’s tax clearing certificate or any other documented assurance that there is no outstanding tax debt;
• Any individual signing the letter requesting deregistration must have a certified copy of their identification.
• If a third party is applying for deregistration, documentary proof must be submitted to prove that:
  • the company or close corporation is not carrying on business, is dormant, and
  • has no assets, or that there is no reasonable probability of the company being liquidated due to inadequacy of its assets (if third party, the statement must be supplemented with sufficient documentary proof confirming the statement).

Step 3: Scanned and emailed documents

Scanned letter and accompanying papers should be emailed to [email protected].

Note: The full completion of the deregistration procedure is contingent on the statutory advertising process, which takes three months.

The final deregistration notification will be mailed to the individual who requested the deregistration when the procedure is completed.

How Long Does It Take to Deregister A Company?

The service turnaround time is ten working days to handle a deregistration request from the date of tracking an application. It takes three calendar months to complete the whole deregistration procedure (notifications to interested parties), after which the applicant will be notified (called a final deregistration letter). On its website, the CIPC also keeps track of any entities that have been deregistered.

If you have not received the final deregistration notification after four months, please contact us by navigating to the CIPC Enquiries page.

How Do I Track The Progress Of My Application?

You can track your application progress on the CIPC website. and sign in with your customer code and password. Go to “Customer Transactions” under “Customers” to check the tracking number.

Step 1: Select Online Transacting under other services.

Step 2: Select customers transactions

Step 3: Select document status

Important Points To Note

• Companies and related corporations must provide contact information to the Commission in order to receive necessary notices and reminders.
• The deregistration will be communicated using the contact information on file with the Commission. If your contact information is outdated or wrong, the Commission is not responsible if you do not get warning before being deregistered.

What If I Want To Stop A Deregistration?

To object to deregistration, no supporting documentation are necessary.

Step 1: Send a letter to CIPC

The letter must specify explicitly why the company is opposing the deregistration, and it must be sent to the CIPC before the firm or close corporation is deregistered. If a company or close corporation has been deregistered, it must apply for reregistration. Note: This procedure cannot be employed if the cause for deregistration is failure to file yearly returns. If the business has been recommended for deregistration due to non-compliance with annual returns, the deregistration procedure will only be terminated if all outstanding annual returns have been filed.

Step 2: Scanning and email

Scan the letter and send it to [email protected].

If you would like to find out more about re-instating a company, please contact us.

*Please note all the above information is best to be discussed with one of our qualified accountants to verify all information is accurate, correct and up to date.