How to reinstate a company
If your company has been deregistered, you have two options: apply for reinstatement or register a new company.
Companies and close corporations can be deregistered by the Companies and Intellectual Property Commission (CIPC) if they volunteer for deregistration, have 2 or more annual returns outstanding, or it is believed they have been inactive for 7 years or more.
A deregistered company can 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 reinstating the company or close corporation
If none of the above can be proven by documented evidence, the CIPC will not reinstate the company or close corporation and it is advised to register a new company.
Anyone can apply for a reinstatement according to section 82(4) of the Companies Act.
The cost of reinstating a company depends on the method. If you apply for a reinstatement, it will cost R200.00. If you reinstate by court order, it is free of charge.
Create a CIPC account (if you do not already have one)
Ensure you have at least R200.00 in your CIPC account
Email the supporting documents (below) 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.
Court orders reinstating a company or close corporation must be emailed to corporatelegalservices@cipc.co.za whereafter it will be referred to the relevant processing unit for implementation.
Companies and close corporations can be deregistered by the Companies and Intellectual Property Commission (CIPC) if they volunteer for deregistration, have 2 or more annual returns outstanding, or it is believed they have been inactive for 7 years or more.
When to reinstate a company
A deregistered company can 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 reinstating the company or close corporation
If none of the above can be proven by documented evidence, the CIPC will not reinstate the company or close corporation and it is advised to register a new company.
Who can reinstate a company
Anyone can apply for a reinstatement according to section 82(4) of the Companies Act.
How much does it cost to reinstate a company
The cost of reinstating a company depends on the method. If you apply for a reinstatement, it will cost R200.00. If you reinstate by court order, it is free of charge.
How to apply for a reinstatement
Create a CIPC account (if you do not already have one)
Ensure you have at least R200.00 in your CIPC account
Email the supporting documents (below) 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.
How to reinstating a company by court order
Court orders reinstating a company or close corporation must be emailed to corporatelegalservices@cipc.co.za whereafter it will be referred to the relevant processing unit for implementation.
Updated on: 25/09/2024
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