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How
to Register your Company
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The Cato Manor Entrepreneurial
Centre, which is now open for business at Intuthuko Junction,
has been established to promote manufacturing in Cato Manor.
It is under the guidance of Sibongiseni Khumalo. The Centre
will help you register a Section 21 Company or Close Corporation.
Here are a few tips ...
How to register a section 21 Company
(non profit
making organisation)
| DOCUMENT |
PURPOSE |
FEES |
| CM5 (in duplicate) |
Application for reservation of name |
R50.00
Revenue stamp |
| CM22 (in duplicate) |
Notice of registered
office and postal address |
None |
| CM 29 |
Consent of registration of Directors, Auditors,
and officers |
None |
| CM31 (in duplicate) |
Consent to act as Auditor |
None |
| Power of Attorney |
Authorization to act on behalf of promoters |
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The following document will make up the
Memorandum and Articles of Association:
| DOCUMENT |
PURPOSE |
FEES |
| CM4 |
Certificate of Incorporation |
R350.00 original stamp |
| CM4 (in duplicate) |
Memorandum of Association of a company
without share capital |
None |
| CM4A (in duplicate) |
Guarantee concerning the liability of members |
None |
| CM4B (in duplicate) |
Association clause and particulars of members |
None |
| CM44B |
Articles of Association of a company without
a share capital |
None |
| CM44C |
Signatory to Articles of Association |
None |
The prescribed forms/documents are available
at stationery stores e.g. Waltons
Due to the relative complexity in the compilation of the
memorandum and articles of a company and the fact that these
documents have to be adjusted to fit the specific circumstances
and needs of each individual company, it is suggested that
the services of a legal practitioner be used in this regard.
The Memorandum and Articles also have to be certified by
a Notary Public who in any event will be a member of the
legal profession.
As indicated above, the Memorandum and Articles of Association
must be lodged in duplicate. The second set must be accompanied
by a notary certificate and be stamped with a seal of the
notary on each page. This set must be properly bound by
the notary.
In terms of Section 208, 32 and 66 of the companies Act,
1973 (Act no. 61 of 1973), the section 21 company must have
a minimum of seven members and at least two directors.
Fees are payable in Revenue Stamps and all documents must
be completed in ink.
This kind of company is suitable for an association with
the main objective of promoting religion, arts, science,
education, charity, and recreation or any other cultural
or social activity or communal group interest.
Citizens of foreign countries registering companies in the
RSA with the intention to conduct business must approach
the Department of Home Affairs for information in this regard,
or apply for the necessary work or immigration permit at
the nearest South African diplomatic representative.
HOW TO REGISTER A CLOSE CORPORATION
The Close Corporation is a much easier legal form of business
than the company and is specifically aimed at small business.
For the registration of the Close Corporation the following
documents have to be lodged: The required forms are available
at stationery stores e.g. Waltons.
| DOCUMENT |
PURPOSE |
FEES |
| CK7 |
Reservation of name |
R50-00 |
| CK1(in duplicate) |
Founding Statement |
R100-00 |
| Letter by Accounting Officer |
Consent of person named as Accounting Officer
of a Close Corporation to act in such capacity |
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NOTE: Reservation of name on form
CK7 must be done before lodgment of form CK1 for registration.
The approved CK7 and the letter by the Accounting Officer
to accompany the said form CK1.
Please note that all documents must be completed in black
ink.
Fees are payable in revenue stamp.
Postal Address: PO BOX 429, PRETORIA 0001
Good
news for the aged and the disabled
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In our previous editions of IZWI
we gave our readers an update about the increase in
the National Housing Subsidy Scheme. In this edition
we would like to share the good news with the aged
and the disabled, and beneficiaries with health problems.
 Although
other beneficiaries are encouraged to contribute a
deposit of R2 479 which adds to their subsidy, the
National Housing Department has taken a stance that
the aged and people who receive a social welfare grant
(who therefore do not earn more than R800 per month),
will be assisted in the form of an increased subsidy,
to the amount of R22 800.
People with permanent disabilities who can not construct
their own house could apply for approval to receive
the increased subsidy. In both cases (the aged and
the disabled) proof of income received through social
welfare grant and proosf of disability is required.
In both instances medical certificates from registered
practitioners are required.
The department is still contemplating developing a
medical certificate for completion by registered medical
practitioners for uniformity purposes.
Beneficiaries who are stricken with health problems
who fall within the R800 per month bracket may also
apply for the increased subsidy. Such a health condition
must be confirmed by a registered medical practitioner
when the application for subsidy is made.
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