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CIPC Companies Enforcement Compliance Checklist and your Company

The Companies and Intellectual Property Commission (CIPC) oversees the implementation of the companies and requires that every company from 5 March 2020 confirm their compliance status in relation to 24 specified and mandatory sections including regulations of the Companies Act, Act 71 of 2008 as amended.

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Purpose for the CIPC Companies Enforcement Compliance Checklist

The purpose for CIPC implementing the CIPC Compliance Checklist legal statutory requirement is:

  • to serve as an education tool and contribute to improved accountability and responsibility of Directors, Company secretaries, Auditors and Audit firms in fulfilling fiduciary and statutory duties and contributing to a stronger compliant company.
  • to monitor Compliance of Companies with the Companies Act No 71 of 2008, as amended;
  • to ensure Compliance of the mandatory requirements of the Companies Act No 71 of 2008, as amended;

To Whom the CIPC Companies Enforcement Compliance Checklist Applies

The CIPC has announced that as of 05 March 2020 per CIPC Notice No. 9 of 2020 it will be MANDATORY for the following companies to comply and submit, via the online portal, the CIPC Compliance Checklist submitted 30 days after the company’s anniversary date for:

  • Private Companies
  • Personal Liability Companies
  • Public Listed and Unlisted Companies
  • State-owned Companies
  • Non-profit Companies

The CIPC Enforcement Compliance Checklist only applies to Companies whose Annual Financial Statements require to be Audited or Independently reviewed.

How Can we Assist You?

As your professional Service Provider, we will be pleased to assist you in every respect in the process and to complete the CIPC Enforcement Compliance Checklist on your behalf.

To this end, we would suggest a meeting with you and your financial / administration personnel to discuss in detail the process and action plan in relation to the specified 24 mandatory sections and regulations which will cover, inter alia:

  • Understanding of the compliance purpose of each section
  • Evidential Documentation and Resolutions
  • Compliance Declarations by Directors as the basis of completing the Annual CIPC Companies Enforcement Compliance Checklist Return
  • What needs to be done where one is non-compliant for any sections

In terms of section 32(3)(a), a Service Provider is prohibited from using the name or the registration number of a Company in a manner likely to convey an impression that the person is acting or communicating on behalf of that Company unless the Company has authorised the Service Provider to do so; and thus, we therefore we need your written consent by signing the Client Mandate as supplied herewith, in order to complete the CIPC Compliance Enforcement Checklist. Furthermore, we need to draw to your attention that we will only act on information as provided.

What are the Sanctions for Non-Compliance
or
Providing a False Statement to the Commission (CIPC)?

Sections 214 and 216 of Companies Act 2008 provides that any person who knowingly provides false or misleading information, in any circumstance, in which the Companies Act requires the person to provide information or give notice to the Commission, is liable, on conviction, to a fine or to imprisonment for a period of up to 10 years or to both a fine or imprisonment.

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