Filing requirements for appointment of business rescue practitioner (COR123.2)

Note that Notice 65 of 2018 is hereby withdrawn and replaced by Notice 22 of 2022

As from 15 June 2021, information relating to the form CoR123.2 and legal documents in terms of Regulations 123(3), and filed in accordance with section 129(3)(b) of the Companies Act 71 of 2008 (“the Act”), must be
submitted via the electronic platform New e-Services, www.cipc.co.za / Enterprise Registration / New e-Services. Manual forms for licensing will no longer be accepted as being submitted or filed if it was received via email to cor123.2@cipc.co.za.

Documents to be submitted

  • The filing of the CoR123.2 must be done by the company and anyone filing on behalf of the company other than the director/member of the company or cc respectively must submit a mandate from the company authorizing him/her to file the CoR123.2 on behalf of the company; (customer code owner must be that of the company representative –director/member)
  • Signed system generated CoR123.2;
  • Court order in the event that the proceedings and/or appointment was done through the court;
  • Certified ID copy of the Authorized person who signed the form;
  • Power of Attorney/Mandate must be attached in an event that a third party signed on behalf of the
    Company that is if the signatory’s name does not reflect on ERMS as a Director / Member;
  • Certified ID copy of the appointed Business Rescue Practitioner;
  • Letter of Good standing from the Business Rescue Practitioner’s Professional Body Accredited by the
    Commission;
  •  Current individual Tax Clearance Certificate of the Business Rescue Practitioner;
  •  Consent letter by Practitioner accepting the appointment, reflecting the following information:
           Full names and surname;
           ID number of appointed Business Rescue Practitioner;
           Contact details of practitioner, (e-mail address, cell number, and telephone numbers);
           Addresses of the appointed Business Rescue Practitioner (Office);
           Not subject to an order of probation in terms of section 162(7);
           Would not be disqualified from acting as a director of the company in terms of section 69 (8);
           Does not have any other relationship with the company
           Is not related to a person who has a relationship contemplated in paragraph (d); and
           Is of sound financial status.

NB: A person who knowingly provides false information to the Commission commits an offense.

Filing requirements for the appointment of business rescue practitioner (COR123.2)