Complaints to address alleged contravention of the Companies Act

A complaint relating to an alleged contravention of the Companies Act may be reported to CIPC by completing a form CoR135.1, and sending it to the following e-mail address: CoR135.1complaint@cipc.co.za.

Complaints relating to companies or close corporations that is carrying on business, where

1. a person has acted inconsistent with the 2008 Act and
2. a person’s rights under the 2008 Act, Memorandum of Incorporation (MOI) or rules have been infringed, or
3. there is an intend to defraud or carry on its business recklessly, and with gross negligence, or for any fraudulent purposes,

may be reported in terms of the new Companies Act No 71 of 2008, to the Companies and Intellectual Property Commission (CIPC).

If the CIPC has reasonable grounds to believe that a company is engaging in conduct prohibited by the Act, the Commission may issue a notice to the company to show cause why the company should be permitted to continue carrying on its business, or to trade, as the case may be.

Please note that upon receiving a complaint, the Commission may resolve:

1. not to investigate,
2. to refer it, if more practicable, to the Companies Tribunal or Accredited agency or
3. to direct an investigator or inspector to investigate.

Please ensure that you substantiate the facts being alleged as far as possible. Note that if the allegations, when proven, would not constitute grounds for remedy under the Companies Act 2008 (Act 71 of 2008), it would not be investigated.

Complete the relevant form CoR135.1 (Complaint) and e-mail the form and all substantiating documentation to CoR135.1complaint@cipc.co.za.

If you require any other assistance contact the Complaints and Investigation Department at telephone number 012 3941511/1611.