Company Reinstatement (Company was deregistered at CIPC)

CIPC will only re-instate a company or close corporation if:

The company or close corporation was in business at the time of deregistration (Sufficient documentary evidence in the form of bank statements for a period of six months before and six months after deregistration are required).

Who may apply for reinstatement:

In terms of section 82(4) of the Companies Act, any interested person may apply to re-instate a company or close corporation. Therefore, for example, the company or close corporation itself may apply for reinstatement or any of its creditors or any other person that needs to have the company or close corporation re-instated in order to take further legal action against the company or close corporation.

If the reinstatement application is brought by any person, other than the company or close corporation or its duly appointed representative, then it is advisable to approach a court for an order of reinstatement. In terms of Companies Regulation 40(6) the company or close corporation is only fully re-instated (or its legal personality restored), once all outstanding annual returns are filed. It is only the company or close corporation or its duly appointed representative that can file the annual returns.

Requirements

The company or CC must have operated or held economic value at final deregistration

Assessment

Determine whether the company or close corporation was active at the time of deregistration or immovable property is registered in the name of the company or close corporation.

 Company Files Outstanding Annual Returns

Once the CoR40.5 is processed all outstanding annual returns must be filed by the company or close corporation to complete the reinstatement process.  If annual returns are not filed, the entity cannot re-instated (or its legal personality restored) unless a court order for re-instated was submitted.

What yourCA can do:

We prepare all the supporting documentation for re-instatement and ensure that your company obtains an active status again to trade and operate.

Supporting documentation required:

• Certified and dated ID copy of the applicant within last 3 months (director/member);
• Certified and dated ID copy of the customer filing the application within last 3 months;
• Completed CoR40.5 form
• Re-instatement mandate and request letter on the company's letterhead
• Sufficient documentary proof indicating that the company or close corporation was in business  (Provide evidence that the company was conducting business-related activities at the time of deregistration, namely bank statements for a 12 months period that runs over the date of deregistration) or that it had any outstanding assets or liabilities (e.g. property, intellectual property rights) at the time of deregistration

NB: All attachments must be in PDF 

Total application size (e-mail and attachments) may not exceed 6 MB

Poor scanning quality of scans. Ensure that the scanning quality is of decent quality and the content is legible upon processing. The entire content must be easily readable.