Unauthorised use of CIPC name, abbreviation and logo (Previous notice 48 of 2019)

by | Jan 23, 2024 | Notices

The Companies and Intellectual Property Commission (CIPC) would like to remind customers that the words COMPANIES AND INTELLECTUAL PROPERTY COMMISSION as well as the abbreviation CIPC and the logo of CIPC have been declared a prohibited mark under the Merchandise Marks Act, Act 17 of 1941.

Therefore, the use of any of these elements may only be made with the express written authorization of CIPC. Unauthorized use constitutes a criminal offence in respect of which a fine is payable. This includes:-·

  • The use of the words COMPANIES AND INTELLECTUAL PROPERTY COMMISSION and/or the abbreviation CIPC, in e-mail addresses, on websites, documentation, marketing material or any

other material; and

  • The use of the CIPC logo on any website, documentation, marketing material or any other material.

Customers that are using these elements are requested to change their e-mail addresses, website domain names, and remove all elements from their website, documentation, or other material with immediate effect, failure of which CIPC proceed with legal proceedings to protect its intellectual property.

Notice 3 of 2024

Filing of director amendments applications

by | Jan 15, 2024 | Notices

The Companies and Intellectual Property Commission (CIPC) is committed to customer services and the effective and efficient processing of applications and associated information.

The enhanced director amendments process was launched on 04 December 2023 and detailed step by step guides are available on the website. The below information seeks to assist our customers with some of the questions that have been received from our Call Centre.

  1. How to change the Identification on my Customer Profile from a Passport to an ID?
    1. Log a ticket on https://enquiries.cipc.co.za and select the Department – Login Challenges.
    2. Write a message which includes your Customer Code, Passport Number, and the ID number. Attach a certified Copy of the ID.
    3. Our back office will update your information.
  2. How do I update a Director Address of a South African that is domiciled overseas as I’m required to select a South African Province on the Director Address.
    1. Capture the overseas Address and select any of the South African Provinces and Finalise the application.
    2. Log a ticket on https://enquiries.cipc.co.za and select Department – Companies and CCs, Category – Company Amendments, Sub Category – Director Amendments EService (CoR39)
    3. Write a message which includes the Enterprise Number, the Directors ID, and the Province/State.
    4. Our back office will update your information.
  3. I get an error of the ID Issue Date when appointing a Director.
    1. Do not type the date. Use the Calendar control to select the date.  If the date matched the Home Affairs records, the appointment will be saved.
  4. Do I need to add the + sign on an international cellphone number?
    1. No, do not add the + sign on an international cellphone number.
    2. Example for Zimbabwe (Country Code +263). The number when in Zimbabwe is 0770000000.  Capture as 263770000000

Notice 2 of 2024

CIPC emphasises the need for multi factor authentication for director amendments

by | Jan 8, 2024 | Notices

On the 4th December 2023, CIPC implemented an identity verification and multifactor authentication for director amendments. As a registrar of companies and a regulator of such, the CIPC has to exercise stringent controls and authentication processes to mitigate the risk of unauthorised director amendments and remove vulnerabilities that enable corruption and corporate crime.
The CIPC is not experiencing challenges with the system as has been purported. The implementation has been tested vigorously to ensure its successful implementation. Since the implementation of the multi factor authentication in December 2023, the CIPC processed over 8000 applications. The CIPC encourages customers to ensure their contact details are up to date before filing a Director Amendment to ensure a smooth and secure process.

Media statement 01 of 2024

Final de-registration of companies and close corporations in the annual return de-registration process

by | Dec 21, 2023 | Notices

CIPC will be commencing final deregistration of all companies and close corporations which have been in Annual Return Deregistration process for more than three (3) years and for which the notification process as per Companies Regulation 40 have been completed.

The systematic final deregistration will occur on 19 January 2024 although e-mail notification of such final deregistration will only commence during the first week of February 2024 and may take a couple of weeks to complete due to the volume of final deregistration notices being issued.

For any further enquiries, kindly log a ticket via www.cipc.co.za/ enquiries–select the Department as “Companies and Close Corporations” and Category as “Annual Returns”.

Notice 74

Implementation of multi factor authentication for director amendments

by | Dec 13, 2023 | Notices

Dear customers,

On the 4th December 2023, CIPC implemented an identity verification and multifactor authentication for director amendments. As a registrar of companies and a regulator of such, the CIPC has to exercise stringent controls and authentication processes to mitigate the risk of unauthorised director amendments and remove vulnerabilities that enable corruption and corporate crime.

Background

Historically, customer codes and passwords were deemed an appropriate authentication control when transacting with the CIPC; however, with an increase in director amendments, and other criminal activities being prevalent, this “single-factor” authentication has been challenged as a reliable authentication control and is now deemed insufficient.

The purpose of this multi factor authentication therefore, is to provide a high level of assurance that the entity representative logging on to the CIPC system is who they say they are and have the mandate to perform the respective amendments pertaining to the entity.

The multi-factor authentication acts as an additional layer of security to prevent unauthorised users from accessing enterprise accounts and making unauthorised director amendments, amongst other activities. The multifactor authentication offers enhanced data integrity, information security, transacting transparency and verification of user identities.

What are the new features of the authentication process?

  1. No manual processing of Director Amendments and Directors Contact Details, only automated processes available to finalise a transaction(s).
  2. Identity Card (filer and director(s)) Issue Date is now being verified against Department of Home Affairs (DHA). CIPC has no control over mismatch of identification issue dates from DHA on the issued card/book versus the records held at the DHA.
  3. OTP verification are required from the filer and the directors impacted by the changes, i.e, Appointments and Resignations.
  4. It is critical that the filer ensures that the email and cellphone number of the impacted directors are correct and up to date before filing a Director Amendment.

See step-by-step guide on CIPC website.

 Notes to customers:

  1. Only Directors are allowed to make amendments since they will receive OTPs individually, linked to their profiles, which include their contact details such as e-mail and cell phone number.
  2. Should Directors utilise the services of third party provider, they would cede their logon details to the third party provider, thereby compromising access to the entity account; and absolving the CIPC of responsibility of amendments made on the entity account.

Notice 72

The how, where and what of Trade Mark registration for SMMEs in South Africa part 2:- the Trade Mark application process

by | Dec 12, 2023 | Notices

Introduction

In this article, we delve into the practical aspects of securing your trade mark rights. Building on the insights shared in Part 1, where we debunked common misconceptions, this article provides a step-by-step breakdown of the trade mark application process tailored for small, medium and micro enterprises (SMMEs).

Whether you’re a startup or an established business, understanding the nuances of the trade mark application process is crucial for safeguarding your brand identity and fostering growth.

If you haven’t already, be sure to read Part 1 for invaluable insights into dispelling misconceptions surrounding trade mark registration.

Step 1: CIPC customer registration (required to lodge applications manually in hard copy or via the relevant e-filing platform)

To engage in transactions with CIPC, individuals must undergo a one-time registration process as a customer on the CIPC e-services website. Upon successful registration, a virtual account will be established in the customer’s name. It is essential to safeguard your customer code and password, as it will be required for all your future transactions with CIPC, including depositing funds for payment of official fees.

Read more: The how, where and what of Trade Mark registration for SMMEs in South Africa part 2:- the Trade Mark application process

CIPC implements a beneficial ownership interface

by | Dec 8, 2023 | Notices

On the 11th December 2023, CIPC intends to implement an interface that requires clients to file Beneficial Ownership (BO) information before filing their Annual Returns. As from Monday, 11 December 2023, the Annual Return system for companies and close corporations will validate whether the Beneficial Ownership filing is up to date, and if not, provide the customer with a warning message and a link, rerouting the customer to the beneficial ownership register. Once Beneficial Ownership information has been filed, submission of Annual Financial Statements/Financial Accountability Supplements (AFS/FAS) and then Annual Return filing may commence.

With this interface being an assistive compliance process, customers may bypass the beneficial ownership filing requirement for now, to ease customers into the legislative requirement. However, from 1 April 2024, customers will not be able to file their Annual Returns until they file/submit BO declarations.

All companies (including external companies) (e.g. non-profit, private and public companies) and close corporations are required by law to file their Annual Returns with CIPC within a certain period of time every year, as such, enterprises are required to comply with beneficial ownership declaration filings during the same time period (i.e. within 30 days from incorporation date).  Failure to submit BO information will result in the CIPC utilising its compliance and enforcement powers in terms of the Companies Act with regard to BO filings, to address cases of non-compliance. The CIPC may adopt administrative processes, and where necessary, litigate such infractions.

The aim of establishing the BO register is to have a repository/register of natural persons who own or exercise effective control over legal entities; to assist law enforcement with relevant information when it comes to their investigations of who the ultimate owners of an entity are; and to mitigate the risks identified in the national risk assessment where legal persons were identified as vehicles prone to abuse for money laundering and terror financing activities.

The CIPC Commissioner, Adv. Rory Voller, encourages customers not to view the implementation of BO filing as a punitive measure, but rather as a collective effort of enterprises to support the elimination of financial crime. “It is important that the rights and responsibility of every individual stakeholder in tackling corruption is highlighted. Corruption affects all areas of society. Preventing corruption unlocks progress towards economic growth, creates jobs, and secures wider access to essential social services; ultimately promoting a culture of accountability and governance”, he said.

He continued to say that while combatting corruption is hard, it is possible if we all play our part. Every stakeholder in the private and public sector – has a role to play to prevent and counter corruption, in order to promote integrity in the South African economy, as well as promoting South Africa as an investor friendly destination.

Beneficial ownership has the following benefits for the country:

  1. The numerous benefits for our economy in knowing who owns whom will make our economy investor friendly, and the cost of capital to be reasonable.
  2. When there are contraventions of the country’s laws, law enforcement agencies will be able to easily source information about real/beneficial owners of the relevant entities.

More information and a step by step guide on beneficial ownership is available on the CIPC website www.cipc.co.za. For any further enquiries, kindly log a ticket via www.cipc.co.za/ enquiries.

Ends

Media release 11 of 2023

Urgent notice: Director Amendments

by | Dec 4, 2023 | Notices

We wish to apologize for the delays in making the new Director Amendment system available for the change of directors as of the 01/12/2023. We have noticed that some customers continue to bypass the old services on the 30/11/2023 and have submitted applications that require us to complete those first, so as not to have data corruption. We cannot continue to postpone any longer even if people are still using their own way to access the old system instead those applications will not be processed and we will focus only on the applications received via the new system.

Having said that today is our last day of processing all applications which were received from Friday after hours until this morning and tomorrow which is the 5 December 2023, we will sunset the current eservices and open a new one for the applicants to be able to submit.

We would like to thank you for your cooperation.

For further information and any enquiries, kindly log a ticket via www.cipc.co.za/enquiries.

Notice 68