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Background - Company Registration A private company is a business entity owned by shareholders and their shares cannot be offered for sale to the public. In terms of the Companies Act, 1973, a private company must have a minimum of at least one share holder and a maximum of 50 shareholders. However, the maximum number of 50 shareholders is qualified by the Companies Act as "exclusive of persons who are in the employment of the company and of persons who having been formerly in the employment of the company were, while in such employment, and have continued after the termination of such employment to be, members of the company" Registered private companies are referred to as "Proprietary Limited" of "(Pty) Ltd. Registered public companies as referred to as "Limited" or "Ltd". Section 21 Companies are companies that are registered to provide services and do not intend to make profit. These "Associations Not For Gain" are often funded by donations. These companies generally provide services to various "communities" such as feeding schemes, organisations that care for AIDS orphans, religious and charitable organisations. These companies are registered in terms of Section 21 of the Companies Act and are often referred to as "Section 21 Companies". A Section 21 Company must have a minimum of 7 subscribers and at least 2 directors.  A Company Not For Gain is also referred to as an "Association Incorporated under Section 21"   Registration Procedure The registration procedure for a public or private company involves a fairly detailed process.  The directors and associates of Shelf Company Warehouse are attorneys and auditors, qualified to give you expert advice.  We draft all the documents required for registration, including the memorandum and articles of association. There are 5 types of companies: Private company generally referred to as Pty (Ltd). Public company that offers shares to the public and referred to as Ltd. Companies not for gain are commonly referred to as Section 21 companies. External companies - foreign companies registered in SA. Incorporated companies where the directors remain jointly and severally liable for debts, generally referred to as Section 53(b). These companies are generally for attorneys, auditors, medical practitioners and various other professions.       Companies & Close Corporations Registration Forms Type of Form Description CK1 Founding statement for a CC CK2 Amended founding statement CK2A Amendment regarding Accounting Officer and addresses CK3 Application for restoration of a CC CK4 Application for conversion from Company to CC CK5 Court order for alteration founding statement CK6 Resolution for voluntary liquidation of CC CK7 Application for name/ translated/shorten CM1 Certificate of incorporation of company CM2 Memorandum of association of company CM2A Purpose of business of company CM2B Capital of company CM2C Association clause of company CM2D Association clause of company CM3 Certificate of incorporation for Section 21 company CM4 Memorandum of association for Section 21 company CM5 Application for reservation of name of company CM6 Application for extension of reservation of name of company CM7 Application for registration of translated or shortened form of a name of a company CM8 Application for registration of defensive name CM8A Application for the renewal of registration of defensive name CM9 Certificate of change of name of company CM9A Certificate of change of translation/shortened form of a name of company CM9A PAGE 2 Certificate of change of translation/shortened form of a name of company CM9A APPLIC Certificate of change of translation/shortened form of a name of a company CM9A CERTIFICATE Certificate of change of translation/shortened form of a name of a company CM9B Application to de-register a former translation/shortened form of a name CM10 Certificate of consolidation of articles of company CM11 Payment of fees on increase of capital of company CM12 Statement of payment of commission of shares of company CM14A Return of acquisitions by a company of shares issued by it/ payments to shareholders CM15 Return of allotment of shares of company CM16 Return of allotments which have become void CM17 Application for extension of time CM18 Order of court for registration CM19 Notice of redemption of redeemable preference shares CM20 Notice of variation of rights in respect of shares CM21 Notice of place where company's registers kept CM22 Notice of registered office and postal address of company CM25 Consent to waive period of notice of meeting to pass a special resolution CM25A Consent to propose and pass a special resolution at meeting of which notice has not been given CM26 Special resolution CM27 Consent to act as director or officer and other directorships CM27A Notice of consent to appointment, change of name or resignation by or removal of company secretary CM28 Directors contract to take shares of company as qualification shares CM29 Contents of register of directors, auditors and officers CM29 PAGE 2 Contents of register of directors, auditors and officers CM30 Notice of failure to appoint or re-appoint auditor at annual general meeting CM31 Notice of consent to appointment, change of name by auditor or removal of auditor CM32 Change of the end of the current financial year of company CM33 Application to registrar by company not to deal in group annual financial statements with subsidiary CM34 Lodgement of financial statements, interim reports or provisional reports CM35 Application not to issue interim reports CM37 Notice of person authorised to accept service on behalf of external company CM38 Notice by person authorised to accept service on behalf of external coompany to terminate authorisation CM39 Alteration to memorandum of external company CM40 Appointment as liquidator or provisional judicial manager or judicial manager CM41 Brokers transfer form CM42 Securities transfer form CM42T Securities transfer form CM44 Articles of association of a company having a share capital adopting schedule CM44A Articles of association of a company having share capital not adopting schedule CM44B Articles of association of a company not having share capital CM44C Signatories to article of association of company CM44C PAGE 1 Signatories to article of association of company CM44C PAGE 2 Signatories to article of association company CM45 APPLICATION Amended certificate of incorporation relating to the conversion of company into another form or type of company CM45 CERTIFICATE Amended certificate of incorporation relating to the conversion of company into another form or type of company CM46 Certificate to commence business CM47 Statement by directors regarding adequacy of capital of company CM48 Affidavit pursuant to section 172 CM49 APPLICATION Certificate of registration of memorandum of external company CM49 CERTIFICATE Certificate of registration of memorandum of external company CM51 Certification of additional copies of documents lodged CM52 Exemption from lodging annual financial statements CM100 Statement of affairs CM101 Accounts

  

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