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Wines of South Africa
Trade and Investment

Registration Requirements

All required registration forms may be purchased for approximately R100 each from a stationer dealing in statutory forms. To reserve a name, a CM5 application form (duplicate copies are no longer required), stamped with R50 in revenue stamps, must be submitted to the Registrar’s office. In order to save time and costs, it is recommended that three to four alternative names be furnished in order of preference. A preliminary search can be done on the Companies and Intellectual Property Registration Office of South Africa (CIPRO) website.

Following approval, the name will be reserved for a period of two months. Within this period, the documents for incorporation should be submitted. An extension of one month may be applied for by submitting a CM6 form, stamped with R20 in revenue stamps. The Registrar must receive the application for extension before the end of the first two-month period. Legal and other professional fees relating to the registration of a company depend on the complexity of the individual application. For ordinary applications without complications, legal costs start at about R4 500.

Standard versions of a memorandum and articles of association are included in the Companies Act. A company may choose to submit its own version. However, this may slow down the approval process, as it would require close examination by the Registrar’s office. All companies must have an independent auditor to produce annual financial statements. At the time of incorporation, the auditor is required to sign an acceptance of the office.

Registration applications must be submitted to the Office of the Registrar in Pretoria. If no errors or omissions are made, the application will be processed in three to five business days.

A complete application includes:

• Copy of an approved CM5;
• Power of attorney (if an attorney is used or if more than one subscriber exists);
• CM22 (notice of postal address and registered office address), in duplicate;
• Memorandum and articles of association, in duplicate (one copy bound in book form and certified by a notary public);
• CM1 (certificate of incorporation);
• CM2 (first page of memorandum of association);
• CM44c (signature page for subscribers);
• CM46 (certificate to commence business);
• CM47 for each director;
• CM29 (return of register of directors);
• CM27 (notice of company secretary), if a public company; and
• CM31 (notice of appointment of auditor) in duplicate.

Ms. TSD Nxumalo
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