The CIPC process of amending a registered company, and the changes that accompany the process, can be quite daunting indeed. With the new Companies Act which came into force in May 2008, a number of changes have taken place, including the change of name from CIPRO to CIPC of the body that registers companies and handles related compliance and regulation. When it comes to understanding the impact of these and possible ongoing changes clearly, as well as dealing with CIPC related matters efficiently, engaging the services of a professional is highly recommended. There are certain aspects where the use of a registered accountant is mandatory, such as in the preparation of audited and approved annual financial statements. Approved and experienced agents will be able to advise you further on these and other aspects relating to your intellectual property.
Amendments for existing CCs via CIPC
When amending a registered close corporation (CC), for instance, the process involves doing so under the Close Corporations Act – as the new Companies Act does not allow for registration of new CCs. When the changes relate to membership, where members are either being added or removed, there is need to record the changes on the Amended Founding Statement of the CC. A specific form will have to be filled in for this purpose, the CK2 Form. The form itself has two main parts to be filled; part A relates to changes in the name or the nature of business, while B relates to changes in membership. In the event of membership being terminated on the basis of death, the executors’ letter and the copy of the executor’s ID must be attached as well. When the amendments relate to the change of accounting officer, Form CK2A must be filled instead. Forms must be filled in block or capital letters with black ink.
If you have not had experience dealing with CIPC, or if you are new in business, it’s easy to see why the above CC changes, as well as amendments relating to companies, may seem confusing if not intimidating. Even after lodgement of documents, queries may arise, requiring correction and resubmission of documents before amendments can be effected.
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