Company Restoration

What you need to know

Failure to pay a company’s annual returns will eventually result in your company’s deregistration.  This means that your company will cease to exist as a legal entity.

There are however 3 scenarios where a company can be restored;  they are (1)  if the company owns fixed property (2)  if the company can prove that it has continued to trade after the deregistration or (3) by a court order. 

  

Good to know

It is best to pay your annual returns rather than risk deregistration.



Price :  R1490
How long does it take?   21 Days


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021 595 4433

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060 070 2089

Frequently Asked Questions

Your company was deregistered by CIPC due to non payment of the annual returns. Annual returns are due to CIPC each year on the anniversary of the registration date of the company and has nothing to with company tax due to SARS. Annual returns are based on the companies annual turnover. 

Yes, but only in the following three scenarios, namely; if the companies owns property or if the company continued to trade after it was deregistered or by an order of the court. For any other reason other than these three scenarios CIPC will not restore your company.  

A final deregistration is exactly that, meaning you would have to manually apply to CIPC to restore your company.

A deregistration in process means that the process has not been finalised and you can still have a chance to pay and submit online to avoid deregistration. In both scenarios you would have to pay all the outstanding fees and penalties for each outstanding year. 

A deregistered company does not have any legal status. This means that the assets of the company are forfeited to the state. The bank account will be frozen and certain decision that the directors take will be deemed as void. 

CIPC will allow the company to be restored, however this is an admin intensive process as it requires a Deeds Office search, a letter from the department of Public Works, 12 months bank statements proof of an advert in a local paper and an affidavit stating why the annual returns were not paid.

Once the application has been accepted by CIPC there will be another window period during which all the outstanding annual returns and penalties need to be paid in full in order to restore the company. 

It is an admin heavy process and due to all the documentation required from third parties it usually takes 6 to 8 weeks

CIPC requires proof that your company was active before, during and after the deregistration, therefore the 12 month bank statements must show the 6 months trading before and 6 months trading after the deregistration date. 

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