Archive | Company Registrations at CIPC

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NPC – Non Profit Company

A Non Profit Company ( NPC ) is a business entity that is not driven by profit. They are also granted tax-exemption status by the revenue service. Donations made to a Non Profit Company are usually tax deductible for the businesses or individuals making the donations.

NPC, Non Profit Company

There are certain regulations that an NPC must abide to in order to be registered as a Non-Profit Company. These regulations include:

  • The name of a Non Profit Company must end with NPC.
  • A NPC must have a minimum of three directors.
  • The primary goal of a NPC must be to benefit the public and not to make profit.
  • The NPC must be incorporated by at least three persons for the benefit of the public, community interest or social activities.
  • Property of the NPC may not be distributed to any person that has an interest in the NPC.

For a new NPC it is important to find your focus point. A lot of NPCs aim to help every person as much as possible, which is good but not always doable. The NPC should find one thing that all the members of the company feel strongly about and to work towards people and causes in that line. When you put work into a specific area, the impact on the certain people will just be so much greater.

To register a company one should pay for the Company Name Reservation and for the Company Registration. All of this is normally included in the total amount of registration. Pty Company Registration can assist you with the process of registering your NPC. All documents are then lodged with the Companies and Intellectual Properties Commission of South Africa (CIPC). As soon as the NPC is registered, the Documents of Incorporation will be available.

In South Africa the NPC can issue a tax certificate to the donors when it is requested. This will enable the donor to use it as a tax deduction. The NPC will also be registered under the Non-Profit Organization Act and Trust will be registered with the Master of the High Court.

Goals of an Non Profit Company

When starting a NPC it is also necessary to draw up a mission statement. The goals of the NPC are then formed in accordance with the mission statement. The goals will normally include making the public aware of the cause or idea they started the NPC for. The ultimate goal of the NPC should not be wealth, but success in terms of giving back to the different people they provide to.

Challenges

One of the most challenging things about an NPC is capacity building. These development challenges include funding. Most NPCs rely solely on external funding. 

Another challenge is to retain staff. There are very few people that are willing to work for a minimal to no remuneration for the work they do. This also makes it difficult to find loyal workers that will dedicate their time and effort to the NPC for a very long time.

Like in any scenario, every business structure has its challenges. You should make it your goal to get answers and solutions to these challenges. When using a bit of creativity, it is even possible to turn these challenges into opportunities. Never lose focus because of the things that can go wrong. Rather focus on all the reasons why it will work out.

When you have a certain goal in mind for a NPC, go after it. When you have the entrepreneurial drive in you, there is nothing that can stop you from reaching your goals.

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Personal Liability Company ( Inc.)

The Companies Act of 2008 describes a Personal Liability Company as a Company ( Inc ) which satisfies the criteria of a Private Company. The Memorandum of Incorporation must also state that it is a Personal Liability Company ( Inc ).

 Personal Liability Company (Inc.)

It is essential that the Personal Liability Company has its Memorandum of Incorporation drawn up in the same way to that of a private company. This means that a Personal Liability Company is prohibited from offering any of their securities to the public. It is also restricted in how it transfers its securities. 

There is a major difference that sets a Personal Liability Company apart from a private company. In its Memorandum of Incorporation it mentions that it is a Personal Liability Company. This means that the company’s directors, as well as past directors, are jointly liable, together with the company. They will remain liable for any debts and liability of the company that are or were contracted during their respective periods of serving as directors.

For more information on how we can help you with a Memorandum of Incorporation see the link below.

Memorandum of Incorporation

The Personal Liability Company is a company that replaced the incorporated / professional companies that were formed under the Companies Act of 1973. Professional persons, like stockbrokers, attorneys and auditors are expected to use this type of company. This type of company provides them with the benefits and convenience of a separate legal personality while still being able to comply with their professional rules. The main professional rule for which this type of company caters is the rule that requires these types of professionals to have personal liability. 

Characteristics of a personal liability company

  • A Personal Liability Company’s name must end with the word ‘Incorporated’ or with its abbreviation ‘Inc’. It is important that it is mentioned last in the company’s name and not at the beginning or in the middle.
  • Just like with a private company, a Personal Liability Company is also required to have a minimum of one director on the board of directors. The Memorandum of Incorporation can however be altered to require more than one director on the board of directors.
  • A Personal Liability Company is also, just like a private company again, not required to appoint an independent auditor, a company secretary, or an audit committee.

There are however some instances where a Personal Liability Company can appoint these professionals. The reason for appointing them can be one or all of the following:

  • In the event that the Personal Liability Company’s Memorandum of Incorporation requires that these professionals are appointed.
  • In some cases the Act or regulations will require that the financial statements of a specific Personal Liability Company must be audited.

The Personal Liability Company offers the professionals a great opportunity to still have their company as a separate legal entity, while they are still able to abide by their professional rules and regulations. So if you are in one of these careers, a personal liability company is just the right company for your profession.

We register your Personal Liability Company at CIPC. For more information, see the link below.

Personal Liability Company Inc.

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Company Formations in SA

The formation of companies is one of the most powerful mechanisms that fuels South Africa’s economy. With each new company comes the chance of a successful business. The more successful a business is, the greater impact it will have on the economy of South Africa.

company

People start businesses for multiple reasons these days. Some people are in the quest to make more money and other people are forming a company because it has been their life long dream to own and run a successful business. Whatever your reason may be, you are making a vital contribution to the economy of South Africa.

When new companies are formed, it provides a platform for growth and development of the economy. The govermnet has changed the way in which they view company formation. It is no longer seen as a privilege to form a company, it is seen as a right to be able to start a company. The new Companies Act of 2008 has made this possible. It has made the process of forming a company so much easier and simpler, by removing unnecessary legal formalities.

According to the new Companies Act, only the utmost important legal formalities need to be abided by in order to formulate a company. It is also no longer needed for a company to have more than one founding member. A company, private or public, can now be formed by only one person.

Under the new Act, companies are required to complete a Notice of Incorporation. This Notice of Incorporation is a document in which the founding member(s) of the company give notice to the Companies Commission that they would like to form and register a company. The Companies Commission reserves the right to reject a Notice of Incorporation. This can be on the grounds of incomplete documents or if the company being formed does not meet the minimum standards that are set by the Companies Act.

As soon as the Notice of Incorporation has been drawn up to meet the requirements of the Act, a Memorandum of Incorporation must be drawn up. This document will be the last document that you will need to complete in order to finalise your application. Once your Memorandum of Incorporation has been approved, you will be issued with a certificate as proof of your company being registered. This certificate is then conclusive proof that you have complied with the requirements to form a company.

Company formation has also been made easier and more accessible for people all around the country. You can complete the entire application for the registration of your company online. Once you have obtained your registration certificate you can already start doing business. There is no need for a certificate to commence business or a trading certificate in order to start doing business anymore. You also no longer need a minimum share capital to start doing your business.

These are just some of the ways in which the new Companies Act has simplified the entire process of forming a company. The government has really gone out of their way to make it easier and  more accessible for people all over the country to form a company. They have realized the true value of new companies being formed.

So whatever you have been dreaming about, it is time to act on that calling. The time will never be just right to do something, so why not do it now? Start to compile a few business ideas and before you know it, you can be the proud owner of a newly formed company.

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CIPC registration process – building a paperless system

The Company and Intellectual Property Commission (CIPC ) have made a few major changes in the past year to help optimize the efficiency of Company Registration in South Africa. The new CIPC Registration procedure is trying to make the start up procedures easier for each and all looking to start a business.CIPC Registration

You might not always realize it, but the CIPC registration process is setting the standard when it comes to a company registration office. According to a recent survey, the CIPC ranked in the upper halves when measured against other leading registration offices from around the world.

To move forward in any situation, change is needed and that is exactly what the CIPC aims to do. The CIPC aims to be the leaders and to set the benchmark for other company registration offices. They have also become more and more committed to moving away from paperwork and to do registrations online. This not only speeds up the CIPC registration process, but aids in saving the planet as well. This also where Online Company Registration Specialists fit in.

Even though having paper backups have been seen as vital to many businesses in the past, the CIPC has reverted to making all of their backups on hard drives and storing them in a safe place. This ensures that the information is safe and minimizes the storage space needed. It also ensures that it will be easier for the CIPC to find information when it is needed.

According to the commissioner, Astrid Ludin, the CIPC is striving towards a paperless back office. And according to recent findings that was not just talk. Of all the transactions that took place in the first quarter of this financial year, 89% were online and thus, paperless. With this new approach the CIPC urge people to make use of their user-friendly website.

The new and more technology infused CIPC is galaxies away from the company it was a while ago. With the CIPC’S fresh approach to doing business it is a sure thing to be a success. This will aid in ensuring the ease of doing business in South Africa. The CIPC’s initiative will bump up South Africa’s score for having a fast and costumer friendly registration office.

They are striving to become paperless and speed up the CIPC registration process. They are also ensuring that the processes thereafter are just as fast. They teamed up with the South African Revenue Service (SARS) to ease the process of getting a tax number. Shortly, when a company is registered, a tax registration number will also be automatically generated.

The CIPC became a world leader when they introduced biometric verification. This system has no need for any FICA documents to support identification. This will speed up the entire CIPC Registration process. This also makes it possible to finalize company registrations – without name reservations – when proof of payment is received by the specialist such as PtyCompanyRegistration.co.za or SaCompanyRegistration.co.za.

Currently the CIPC is working to speed up the process of query resolution in order to improve client satisfaction. The current trend, as we all know, is that faster is better.  In reply to this statement, Ms Ludin confirmed that it is necessary for the CIPC to adapt to all the changes in order to remain on the forefront of what is happening around the globe. The CIPC Registration process did just that. Registering a company has never been better or faster than this.

There are multiple options available when you want to register your company. It is advised to work though a company registration specialist such as Pty Company Registration, who has a 100% satisfaction guarantee in place. Leave the registration of your company in capable hands while you take a break from all the hassles of starting your business. 

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