How to re-instate a company
If your company has been deregistered, you have two options: Apply for reinstatement or register a new company.
The company or close corporation will be reinstated if:
The company or close corporation was in business at the time of deregistration.
Immovable property is registered in the name of the deregistered business
The court issued an order re-instating the company or close corporation.
If none of the above can be proven by the documentary evidence, the CIPC will not re-instate the company or close corporation and it is advised that a new company be registered
In terms of section 82(4) of the Companies Act, any interested person may apply to re-instate a company or close corporation.
Ensure the company was active or had immovable property at the time of deregistration. If not, we recommend registering a new company instead.
Prepare the supporting documents (full list below).
Email the application with supporting documents to re-instatements@cipc.co.za.
After the application has been processed, file all outstanding annual returns to complete the reinstatement process.
Supporting documents:
Verified/certified copy of the applicant's ID
Verified/certified copies of the directors' or members' IDs
Application for Re-instatement of Deregistered Company (COR40.5)
Mandate from the applicant (requesting the company be reinstated)
Proof of business activity or outstanding assets/liabilities (e.g. bank statements or title deeds)
Note: If you are a creditor or your reinstatement application is not accepted, you may need to approach a court for an order reinstating the company.
A court order reinstating an entity is free of charge.
Court order reinstating a company or close corporation must be e-mailed to corporatelegalservices@cipc.co.za whereafter it will be referred to the relevant processing unit for implementation.
The company or close corporation will be reinstated if:
The company or close corporation was in business at the time of deregistration.
Immovable property is registered in the name of the deregistered business
The court issued an order re-instating the company or close corporation.
If none of the above can be proven by the documentary evidence, the CIPC will not re-instate the company or close corporation and it is advised that a new company be registered
In terms of section 82(4) of the Companies Act, any interested person may apply to re-instate a company or close corporation.
To apply for reinstatement with the Companies and Intellectual Property Commission (CIPC), follow these steps:
Ensure the company was active or had immovable property at the time of deregistration. If not, we recommend registering a new company instead.
Prepare the supporting documents (full list below).
Email the application with supporting documents to re-instatements@cipc.co.za.
After the application has been processed, file all outstanding annual returns to complete the reinstatement process.
Supporting documents:
Verified/certified copy of the applicant's ID
Verified/certified copies of the directors' or members' IDs
Application for Re-instatement of Deregistered Company (COR40.5)
Mandate from the applicant (requesting the company be reinstated)
Proof of business activity or outstanding assets/liabilities (e.g. bank statements or title deeds)
Note: If you are a creditor or your reinstatement application is not accepted, you may need to approach a court for an order reinstating the company.
Re-instating a close corporation or company by court order
A court order reinstating an entity is free of charge.
Court order reinstating a company or close corporation must be e-mailed to corporatelegalservices@cipc.co.za whereafter it will be referred to the relevant processing unit for implementation.
Updated on: 28/07/2023
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