CIPC Compliance checklist – What’s new

The Companies and Intellectual Property Commission (“CIPC”) has enhanced the Compliance Checklist, which can be accessed by logging on to the CIPC E-Services platform.

From the 5th of March 2020, it is mandatory for the following types of companies to confirm with CIPC if the company’s annual financial statements are audited or independently reviewed:

• Incorporated (Inc)
• Proprietary Limited ((Pty) Ltd)
• Limited (Ltd
• State-Owned (SOC)
• Non-Profit (NPC)

If you have confirmed that your company’s annual financial statements are not audited or independently reviewed, you will not be required to complete the Compliance Checklist. An email will be sent to all active directors of the company confirming this.

If you have confirmed that your company’s annual financial statements are audited or independently reviewed, you must complete the Compliance Checklist.

Upon completion of the Compliance Checklist, an email will be sent to all active directors and to the person who submitted the Compliance Checklist, confirming the information sent to CIPC on behalf of the company.

It is important to take note of the following with regards to the content of the Compliance Checklist:

• Any reference to ‘Compliance Year’ in the Compliance Checklist is aligned to the anniversary date of a company’s incorporation.
• The Compliance Checklist is a ‘standalone service’ and the information required must therefore be submitted by a company to the CIPC within 30 business days after the anniversary of the company’s date of incorporation.
• The Compliance Checklist now contains a comment box for each question, should companies wish to explain their specific answers given to CIPC.

As previously communicated, ASL will assist clients in the completion and/or submission of the CIPC Compliance Checklist by sending the Compliance Checklist questionnaire to every annual return client in the anniversary month of a particular entity. This correspondence will consist of the questionnaire to be signed together with the relevant annual return documentation for that particular entity.

Should there be any questions or uncertainties with regards to the CIPC Compliance Checklist, please do not hesitate to send an email to our corporate governance department at ar@asl.co.za.