Re-instatement of a Close Corporation
Once a CC has been deregistered, an application can be made to have it re-instated, provided that the following procedures are followed:
- First confirm the status of the CC with the office because an application may have been lodged by the South African Revenue Service for the CCs deregistration.
- If it is confirmed that it is deregistered, the following procedure for re-instatement should be followed:
- Submitting a re-instatement application on form CoR40.5; and
- Submitting all outstanding annual returns
Documents to submit for re-instatement of a close corporation
The following information documents must be submitted for re-instatement:
- Lodge the CoR 40.5 form with a fee of R200.00.
- Certified ID copy of the applicant (director/member);
- Certified ID copy of the customer, filing the application;
- Deed search (reflecting ownership of immovable property or not);
- Letters from National Treasury and the Department of Public Works, indicating that such departments have no objection to the re-instatement, if it has immovable property;
- Advertisement in a local newspaper giving 21 days notice of proposed application for re-instatement;
- Affidavit indicating the reasons for the non filing of annual returns, if deregistration was due to non compliance in relation to annual returns;
- Affidavit indicating the reason for the original request for deregistration, if the company or close corporation itself applied for deregistration; and
- Sufficient documentary proof indicating that the company or close corporation was in business or that it had any outstanding assets or liabilities (e.g. property, intellectual property rights), at the time of deregistration.