Reservation and Use of Company Names under the Companies Act 71 of 2008

This section sets out the statutory regime regulating the reservation, registration, extension, and transfer of company names in South Africa, with reference to the Companies Act 71 of 2008 (“the Act”) and the administrative practices of the Companies and Intellectual Property Commission (“CIPC”).

Name Reservation and Prescribed Filing Fees

In accordance with the Act and applicable regulations, each application to reserve a company name is subject to a prescribed, non-refundable filing fee, payable regardless of whether the proposed name is approved or declined. The current fees are R50 for electronic submissions and R75 for manual submissions.

Given the non-refundable nature of these fees, applicants are advised to submit Form CoR 9.1 containing up to four (4) alternative proposed names, listed in order of preference. This reduces the likelihood of rejection and the need for repeat applications, each of which incurs a separate filling fee.

Registration of Companies with or without a Reserved Name

The Act permits the incorporation for-profit companies, including private companies, either with a reserved name or without a name.

By contrast, non-profit companies may not be incorporated without a name and must comply with the statutory naming requirements prior to registration.

Where a profit company is incorporated without a reserved name, the CIPC will automatically allocate the company’s registration number as its registered name, together with the suffix “(South Africa)”. This constitutes the most expeditious method of incorporation.

A company registered without a reserved name may nevertheless conduct business under a trading name, provided such trading name complies with applicable legislation.

Alternatively, the company may subsequently reserve a name and apply for a formal change of name.

Any such change constitutes an amendment to the company’s memorandum of Incorporation (“MOI”) and must be effected in accordance with the Act and CIPC requirements.

Effect and Confirmation of Name Reservations

A proposed name is not regarded as reserved unless and until the CIPC issues written confirmation in the form of a Confirmation Notice (Form CoR 9.4).

Preliminary searches conducted by applicants, including trade mark searches or internet searches, do not guarantee that a proposed name will satisfy the statutory criteria or be approved by the CIPC. Accordingly, reliance may be placed only on the formal confirmation issued by the CIPC. Searches conducted by clients or third parties are not binding on the Commission and confer no assurance of approval.

Validity Period of a Reserved Name

Once approved, a reserved name remains valid for a period of six (6) months from the date of confirmation. During this period, the reserved name must be used for either:

• the registration of a new company or co-operative; or
• a change of name of an existing company or close corporation.

If the reserved name is not utilised within this period, it will lapse, subject to the provisions governing extensions.

Extension of Reserved Names

A reserved name may be extended by the person or entity (Customer Code holder) that submitted the original reservation application, upon payment of the prescribed fee of R30, for an additional period of sixty (60) business days per extension.

An application for extension may be lodged only within the final month preceding the expiry of the reservation. Once a reservation has lapsed, it cannot be extended, and a new reservation application must be submitted.

Transfer of a Reserved Name

A reserved name may be transferred only by the holder of the Customer Code under which the name was originally reserved. Such transfer must be effected electronically and is subject to payment of the prescribed transfer fee to the CIPC.

A transfer may be effected only while the reservation remains valid. An expired reservation cannot be transferred or reinstated.

The transfer of a reserved name:

• does not extend the original validity period of the reservation; and
• does not constitute a change to a company’s registered name.

The transferee acquires only the remaining portion of the original reservation period.

Platforms for Name-Related Applications

Applications for name reservations, extensions, and related processes may be submitted through various CIPC platforms, including:

• the CIPC eServices and new eServices portals.
• BizPortal;
• the CIPC Mobile Application.
• Self-Service Terminals; and
• Banks (as part of company registration process)

Note: Associated Name Reservations or Names requiring Supporting documentation (Please be advised that any application for a Name Association must be lodged via our New E-Services platform. The name application form [CoR 9.1] must be duly completed and submitted together with the consent letter evidencing the association and a certified copy of the relevant identification document, all of which must be uploaded as one combined PDF file as per the Step-by-Step Guide hereunder).

• e-Services – https://www.cipc.co.za / Online Transacting / e-Services

Click here for step-by-step guide for name reservation via New E-Services.

Click here for the Frequently Asked Questions.

Click here for the CIPC service standards. Service Standard is dependent on payment for the transaction being made.

For enquiry send an email to: Enqnamereservations@cipc.co.za (only after the indicated service standard has lapsed).