Amendments

Do you need to make changes (an Amendment) to your Pty Company or Close Corporation (CC) at CIPC? Our Company Law Specialist will process these changes for you in the quickest possible timeframe at CIPC.

 

The Companies Act, CIPC and South African Banks require that your Company’s / CC’s information is permanently up to date with the Company Registrar (CIPC).

 

Different types of Amendments follow (more information follows below application form):

Registered Office (Business Address) change Add Member / Director
Remove / Resign Members or Directors Name Change of a Company / CC
Add AND Remove / Resign a Director(s) COMBO  Financial Year-end change 
Details of Existing Member / Director change Name Extension
Special Resolution – Change to Main Objective  Defensive Name Reservation 
Name Change of an FNB Registered Company Accounting Officer change

Requirements:

  • ID Document / Passport for the Director(s) / Member(s)
  • All documentation you require will be prepared by us
  • A CK Document or COR14.3

 

Our Amendment Service Includes:

(1) Apply: You can apply for this service on your Customer Account and complete the required application form. A Consultant from our CIPC Department will be in contact and process your application soonest.

(2) Documentation preparation: Our CIPC Department will then prepare all the documentation required by your Company for this service.

(3) Amendment submission at CIPC: Once documentation is setup we will submit your amendment at the CIPC and await their feedback.

(4) Company Certificate Delivery: CIPC will amend your Company Certificate and send it to us. Your Company Certificate will be made available on your Customer Account (we will notify you via email) – with additional information about your shareholding.

Amendments Types                                                                     

There are different kinds of Amendments, for example:

  1. Name change;
  2. Change of address;
  3. Change of directors; and also
  4. Conversion of CC to Pty
1. Name Change

This amendment will require a special resolution by the shareholders as this will mean a change to the Memorandum of Incorporation.

The following forms will be required (we will assist you with the full process):

a)  CoR 9.4 – Confirmation of approval of company name (we prepare)
b)  Power of Attorney – Authorisation letter from the company to an agent to authorise the agent to deliver the name change documents to CIPC and to sign on behalf of the company (we prepare)
c)  Cor 15.2 – Notice of amendment of Memorandum of Incorporation (we prepare)
d)  Special Resolution to approve the name change, signed by all shareholders of the company (we prepare)
e)  Certified copies of ID’s
f)  When the registered CoR 15.2 (notice of amendment of MOI) is received, we will request a certificate of name change from CIPC
*Client will need to advise SARS of name change
*Client will need to update company records

2. Change of Address

2.1)  Change of registered address of the Company: (We will assist you with the full procedure)
This amendment is the change of a company’s registered address on the Company Registration Documents.

2.2)  Change of Address of the Director/s: (We will assist you with the full procedure)
This amendment is the change of one or more of the Directors’ physical or postal address.
The following forms will be required:
a)  CoR 21.1 – Application to change the address (we prepare)
b)  Certified copy of ID
c)  Resolution form passed by the directors  (we prepare)
*Client will need to advise SARS of address change
*Client will need to update company records

3. Change of Directors

There are two amendment options for removing a director and also there is the amendment of appointing a director.

3.1) Resignation / removal of director: (We will assist you with the full procedure)
i)  In the case of a resignation of a director, the said director resigns out of free will.
ii)  In the case of the removal of a director, the said director is either not willing or able to resign as director and can be removed if all terms and conditions of the CIPC are met.

3.2) Appointment of director: (We will assist you with the full procedure)

i)   New directors can be appointed to a company if the said director accepts the appointment.

The following forms are required:
a)  Power of Attorney – Authorisation letter from the company to an agent to authorise the agent to deliver the director change documents to CIPC and to sign on behalf of the company (we prepare)
b)  Extract of minutes (we prepare)
c)  CoR 3.9 – Director information (we prepare)
d)  Certified copy of ID
*Client will need to scan and email the documents
*Client will need to update company records

4. Conversion of CC to Pty

This amendment will change your company type from Closed Corporation to Private Company. We will assist you with the full procedure.

To lodge with CIPC:
a)  CoR 18.1 – Application to convert the company (we prepare)
b)  Power of Attorney – Authorisation letter from the company to an agent to authorise agent to work on behalf of the company or applicant (we prepare)
c)  Certified copy of ID – of the directors that have signed on the Power of Attorney
d)  CoR 15.2 – Notice of amendment of MOI (we prepare)
e)  Special resolution by all shareholders (we prepare)
f)  Cover page for the Memorandum of Incorporation
g)  New Memorandum of Incorporation (only to be done by an attorney
h)  CoR 39 – Reflecting new directors (we prepare)