Ongoing delays experienced when lodging annual returns and the requirement to lodge audited financial statements with the CIPC

24th May 2013

Ongoing delays experienced when lodging annual returns and the requirement to lodge audited financial statements with the CIPC

In terms of the Companies Act of 2008 and the Close Corporations Act of 1984, all registered companies, external companies and close corporations have to file their annual returns with the CIPC within the prescribed time period.

The CIPC recently released a statement to the effect that due to a combination of technical difficulties and “infrastructure disruptions” customers were experiencing difficulties with lodging annual returns with the CIPC.

To address the possible consequences of these problems, the CIPC has announced that in the case of annual returns for companies, external companies and close corporations that became due during the period from 24 April 2013 until 17 May 2013, it will extend the compliance period for filing by a further 15 working days.  Late filing fees and penalties that would have been payable for the late filing of returns will be waived up until the 30th of September 2013.  Annual returns must be filed electronically and no manual filings will be accepted.

Companies or close corporations that were referred for deregistration due to non-compliance will not be deregistered before the end of June 2013.    

Further to the above, all registered companies and close corporations that are required by the Companies Act of 2008 or Regulation 28 thereof (read with Schedule 3 Part A, section 5 concerning the amendment of section 58 of the Close Corporations Act of 1984) to have their financial statements audited must file a copy of the latest approved audited financial statements with the CIPC on the day the annual return is filed with the CIPC.