We are ready to assist on all you need to get a business started and advise on other company secretarial services.
Customized packages are structured to suite your specific business needs and to ensure that your business has all the required documentation for finance applications, tender submissions and other mandatory purposes.
In terms of the Companies Act, 2008, a company may be registered with or without a company name. When a company is registered without a reserved name, its registration number automatically becomes the company name. This is the quickest way to register a company, however it will require an Memorandum of Incorporation (MOI) change once a name is selected.
You can find out more from CIPC here
Waterfall Chartered Accountants can help with this process and will:
Please note that upon registration you will receive a registration pack. Please ensure that these registration documents are kept on file electronically throughout the lifetime of the company.
In terms of the Companies Act, 2008, a company may be registered with or without a company name. When a company is registered without a reserved name, its registration number automatically becomes the company name. This is the quickest way to register a company, however it will require an Memorandum of Incorporation (MOI) change once a name is selected.
You can find out more from CIPC here and here
Waterfall Chartered Accountants can help with this process and will:
Please note that upon registration you will receive a registration pack. Please ensure that these registration documents are kept on file electronically throughout the lifetime of the company.
In terms of the Companies Act, 2008, a company may be registered with or without a company name. When a company is registered without a reserved name, its registration number automatically becomes the company name. This is the quickest way to register a company, however it will require an Memorandum of Incorporation (MOI) change once a name is selected.
You can find out more from CIPC here
Waterfall Chartered Accountants can help with this process and will:
**Should all 4 names suggestions already be reserved, or are too similar to existing company names, then a new application will need to be sent. You will therefore have to re-request Waterfall Chartered Accountants to assist and pay another application fee.
All companies and close corporations are required by law to lodge their annual returns and Financial Accountability supplement (FAS) with CIPC within a certain time period every year.
Non-compliance with annual returns may lead to deregistration.
You can find out more from CIPC here
Waterfall Chartered Accountants can help with this process and will:
Please select your turnover level from the latest approved financial statements from the variants below.
We rely on this information from you for the submission and will assume the accuracy of your selection. CIPC charges a fee that rises based on turnover and we will pay this on your behalf (watch how the price of the product rises when selecting turnover below).
We have not provided for penalties on submissions that are outstanding and late. We will inform you of any penalties that have accrued and you will need to make a top-up payment for us to process these.
The registered address or office of a company is very important, as it is the address at which any legal documents will be served on the company. Companies are required by law to ensure that this information is up to date, and may be liable for a fine or prosecution if it is found that the information is not up to date.
You can find out more from CIPC here
Waterfall Chartered Accountants can help with this process and will:
If a company changes or restructures and Directors or Members join or leave, these changes will need to be lodged at CIPC via an amendment process.
You can find out more from CIPC by following these links for Director changes and Membership changes
Waterfall Chartered Accountants can help with this amendment process and will:
The office of an auditor may not remain vacant for more than 40 business days. An auditor may serve a maximum of five consecutive financial years.
You can find out more from CIPC here
Waterfall Chartered Accountants can help with this process and will:
The directors/shareholders may choose to change the company’s financial year end in accordance with the following requirements:
You can find out more from CIPC here
Waterfall Chartered Accountants can help with this process and will:
The most important document governing a company is the Memorandum of Incorporation (MOI). The MOI sets out the rules governing the conduct of the company, as specified by its owners. The Companies Act imposes certain specific requirements on the content of a Memorandum of Incorporation, as necessary to protect the interests of shareholders in the company, and provides for a number of default company rules / alterable provisions, which companies may accept or alter as they wish as long as it is in line with the Companies Act.
You can find out more from CIPC here
Waterfall Chartered Accountants can help with this process and will:
In order to change an existing company name, a name must first be reserved.
Once a name reservation has been approved, the company must lodge a notice of amendment of the memorandum of incorporation (cor15.2). Please note that any changes to an MOI must be accompanied by a special resolution adopted at a shareholders meeting authorising the name change.
Waterfall Chartered Accountants can help with this process and will:
A business can be referred for deregistration upon request from the company or close corporation or any other third party, provided that the company or close corporation has ceased to carry on business; and has no assets or, because of the inadequacy of its assets, there is no reasonable probability of the company or close corporation being liquidated.
Deregistration will also be triggered when two or more successive annual returns are outstanding.
You can find out more from CIPC here
The full process of a company/close corporation deregistration includes:
**These processes will be invoiced for separately. We will set up a scoping call to run through the status of all CIPC and SARS submissions
Waterfall Chartered Accountants can help with the CIPC deregistration process and will:
The South African Reserve Bank (SARB) regulations require that non-resident entities or persons need to obtain a “non-resident” endorsement stamped on the face of the share certificates representing their shareholding in South African entities.
The regulations provide thatwithin 30 days of a person acquiring ownership of shares in a resident company, that person must submit those shares to an authorised dealer, along with additional requirements which will be stipulated upon acceptance of this product.
Administrative relief
In the event that the share certificates were not endorsed within the prescribed timeframes, this would constitute a contravention. SARB may, however, authorise the regularisation of such a contravention. The contravention would have to be disclosed to SARB in accordance with the provisions and in the manner prescribed in the Regulations.
Waterfall Chartered Accountants can help with this process and will :
For companies requiring an audit, please note that this product does not cover the independent auditors’ written confirmation which will be charged for separately by your auditors
A shareholders agreement is a document that sets out the rights, duties, and responsibilities of shareholders. A shareholders agreement is created to protect the interests of the shareholders and govern the relationship between shareholders. If there is more than one shareholder it is imperative to have a shareholders agreement.
A shareholders agreement is drafted in alignment with your company Memorandum of Incorporation (MOI) and can be tailored to your company needs. In addition, it can be amended as those needs change provided all shareholders agree thereupon unlike the MOI which requires any amendments to be lodged with CIPC.
Therefore, in summary, the MOI will usually guide the long term structure of the company whereas the shareholders agreement is a document that can be promptly updated through the various growth stages of the business.
We will draft a custom shareholders agreement suited to your unique shareholding requirements.
Waterfall Chartered Accountants can help with this process and will:
A Close Corporation (CC) may, in terms of item 2 of Schedule 2 of the Companies Act 2008, convert into a profit company having shares, i.e. a private company, a public company or a personal liability company.
You can find out more from CIPC here
Waterfall Chartered Accountants can help with this process and will:
This is a complete package to convert a Close Corporation (CC) into a profit company having shares, i.e. a private company, a public company or a personal liability company.
Waterfall Chartered Accountants can help with this process:
Please note that each process will have its own set of documents and timelines to processing the applications as per CIPC and SARS requirements.
There are different Enterprise Disclosure options available to request from the Companies and Intellectual Property Commission (CIPC), namely:
Further to the above, a request for paper-based disclosures can be made by using the CIPC online query management platform.
You can find out more from CIPC here: http://www.cipc.co.za/files/4414/1102/7350/Step_by_step_guide_-_Electronic_Disclosure_v1_0.pdf
Waterfall Chartered Accountants can help with this process and will:
Please note: Paper-based disclosures are not available immediately and a timeline of 1-4 weeks can be expected.
The Companies Act requires all companies to keep a register of its shares from the date of incorporation as well as any changes made to the shareholding throughout the life of the business.
The Register is like the ID book of the company containing all the relevant information of the shareholders, both past and present.
You can find out more regarding a share register here
Waterfall Chartered Accountants can help with this process and will: