The Companies and Intellectual Property Commission (CIPC) in South Africa mandates all companies and close corporations to declare their beneficial ownership. This initiative enhances corporate transparency and helps combat financial crimes. Here’s a streamlined guide to ensure compliance.
Definition: A beneficial owner is anyone with 5% or more ownership or control in a company, whether through shares, voting rights, director appointments, or complex ownership chains.
Submission: Information is submitted electronically via the CIPC e-Services portal.
Affected Companies: This includes public companies, state-owned entities, and some private companies with broader securities transferability. They face more stringent reporting requirements.
Non-Affected Companies: Typically smaller private entities with fewer shareholders and less demanding reporting obligations.
Mandate: Draft and sign a mandate for the individual responsible for filing.
Login and Access: Use your CIPC profile with a customer code and password.
Choose Filing Option: Select your company type and declare beneficial owners.
Provide Owner Info: Include full names, addresses, IDs/passports, and upload certified copies.
Complex Structures: For complex ownership, trace up to the ultimate owner and submit an organogram.
Keep information current and update any changes within 10 days.
Non-compliance can result in penalties, flags, or deregistration.
Fee: R450 for drafting minutes and submission.
Payment: Prepayment is required.
Here is a structured overview of the Companies and Intellectual Property Commission (CIPC) in South Africa, focusing on the services they offer and the associated costs. Note that CIPC periodically updates fees and service options, so I’ve included typical categories and current-fee ranges as of the latest available information.
Executive summary
• CIPC is the national body responsible for company registrations, business name registrations, filing annual returns, intellectual property rights administration (trademarks, patents, designs), compliance, inspections, and enforcement.
• Services are broadly grouped into: company registrations and compliance, business name registrations, annual maintenance (annual returns), name changes and amendments, intellectual property filings, license and compliance services, and miscellaneous authentication/verification services.
• Fees vary by service type, filing method (online vs. manual/physical), and whether you are a new applicant, an existing entity, or a service user requiring expedited processing.
A. Company registrations and maintenance
1. Company (PTY) registration
• What it covers: Registering a private company (PTY) with CIPC, including incorporation documents, memorandum of incorporation (MOI), and registration details.
• Typical workflow: Submit required documents (MOI, details of directors, registered address, share structure), CIPC issues registration number, issue certificates.
• Typical fees:
o New company registration (PTY): approximately ZAR 75O for online filing, plus possible bank charges or service fees if using intermediary platforms. This includes CIPC statutory fees.
• Hardcopy/manual submission: higher due to processing and postage probably around R200 more.
• Annual obligations: Filing annual returns, maintaining company details, updating directors/registered address as needed.
• Renewal/maintenance costs: Annual return filing fee (see below).
2. External company registration (Pty Ltd or External)
• What it covers: Registering an existing non-South African company to establish a local presence (foreign company registration).
• Fees: Typically higher than domestic PTY registration due to additional due diligence and documentation. Exact fees vary; expect several hundred ZAR for online filings.
3. Annual returns for companies
• What it covers: Annual “return” filing to keep the company in good standing and up to date with CIPC records.
• Fees (typical):
o Online filing by a private company: around ZAR 350 per year, depending on company size and presence on the register. This excludes and fines for late submissions and also if the company turnover is over R1 Million, then the fees increase.
• Late filing penalties: There are penalties and potential deregistration risk for non-compliance.
4. Name reservation and name changes
• Name reservation fee: Typically around ZAR 250 for online reservation.
• Name change (amend MOI or register new name): Similar ranges; service providers may add processing fees.
5. Amendments to company details
• Examples: Change of directors, registered address, MOI changes, share structure changes.
• Fees: Usually in the range of ZAR 250–400 per amendment for online services; higher by mail/physical submission.
B. Business name registrations
• What it covers: Registration of a business name (if not using a registered company), including name verification and reservation, and subsequent changes.
• Fees:
o Business name registration (verification and reservation): approximately ZAR 200.
o Change of business name or amendment: around ZAR 250, depending on method.
C. Intellectual property (IP) services
1. Trademarks
• What it covers: Registration of trademarks (wordmarks, logos, device marks) and
related renewals.
• Fees (typical ranges; per class):
o Trademark filing: around ZAR 1200 per class for online national filing (this is the official CIPC fee; some classes or additional services may incur extra costs).
o Renewal: typically around ZAR 1000 per class, depending on renewal timing and whether a renewal notice is issued.
o Additional costs: searching, objection handling, or hearings may incur extra fees if you use a legal professional or agent.
• Note: International trademark protection (via WIPO or Madrid System) involves separate fees through the international system.
2. Patents
• What it covers: Filing and prosecution of patent applications and related maintenance fees.
• Fees: Patent-related filings may be administered by the CIPC, with costs for filing, examination requests, and annual maintenance fees. Typical national filing fees are higher than trademarks and include examination and grant fees; exact numbers vary and often require professional assistance.
• Important: Patent processing times and costs can be substantial; many applicants engage patent attorneys or agents.
3. Designs
• What it covers: Industrial designs registration to protect the outward appearance of a product.
• Fees:
o Design filing per design: approximately ZAR 1250.
o Renewal: around ZAR 1250 per renewal.
D. Compliance and enforcement services
1. Compliance inspections and enforcement
• What it covers: Compliance checks for registered entities, investigations into non-compliance, and enforcement actions where applicable.
• Fees: Administrative and enforcement actions can incur costs assessed by CIPC or through the court system for enforcement actions. Specific costs depend on the case and may require legal representation.
2. Deregistration and restoration
• What it covers: Deregistration for non-compliance (e.g., prolonged failure to file annual returns) and restoration of deregistered entities.
• Fees: Deregistration processing fees and, if restoration is pursued, restoration fees plus backdated returns.
E. Verification, authentication, and other services
• Company and IP document authentication: Certified copies, excerpts, and verification of company information, MOIs, and other records.
• Fees: Typically a small fee per document, often in the ZAR 500 range, depending on the
document type and delivery method (electronic vs. physical copy).
F. Digital services and online portal
• CIPC has moved many services to an online portal for submissions, payments, and status tracking.
• Fees: Online payments incur the standard CIPC fee; some online process facilitators or third-party platforms may add service fees.
Important notes and tips
• Fees are subject to change. Always verify on the official CIPC website or by contacting
their customer service for the latest tariff schedule.
• Online filings are generally cheaper and faster; consider using the CIPC e-filing portal
for most registrations, amendments, and annual returns.
• Processing times vary. Online submissions are usually quicker, but large or complex filings (like patents or large company restructurings) may take longer.
Recommended next steps
• Tell me which specific services you need (e.g., company incorporation, annual returns, trademark filing, patent filing), and I’ll provide a precise list of current CIPC fees as well as my fees and the step-by-step process for each.
• I can also help you prepare a checklist of documents typically required for each service and suggest best practices to minimize processing time and avoid common errors.