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10.2 Launch Legally

Steps to structure and register your company.
You must first complete 10. Sleep Well at Night before viewing this Lesson

Start Off on The Right Foot

Are you ready to transition from lofty ideas to legit entity? Then you’re in the right place at CIPC!

The Companies and Intellectual Property Commission – aka CIPC – is the official body for registering and regulating companies and intellectual property in South Africa. When you register your business with them, you gain:

  • Legality as the legal recognition of your business permits you to sign contracts, apply for business funding, and protect your intellectual property.
  • Tax compliance once you register the legal entity with SARS for tax purposes.
  • Business credibility. Being officially registered boosts your business’s reputation with customers, suppliers, and financial institutions.

📐 Choose Your Structure, Shape Your Future

You can choose from various legal structures for your organisation – each of which affects your risk, control, and finances:

Legal Structure of Business Sole Trader The most basic way to start where you are the business. Easy and cheap to set up. You keep 100% control and all the profits. You carry all the risk. Your personal assets (like your house) are on the line for any business debts. To add a partner, you must dissolve the business and start a new one. Nando's started as a single restaurant owned by Robert Brozin and Fernando Duarte. Partnership You and at least one other person run the business together, sharing resources, skills, and risks. More expertise, capital, and manpower. You share the financial burden and workload. You are personally liable for business debts, even those caused by your partners. You share control, which can lead to disputes. Selling the business can be difficult if partners disagree. Discovery Ltd began as a partnership between Adrian Gore and a few key associates. Private Limited Company (Ltd) The company is a separate legal entity from you, evenif you're the only owner. Your personal assets are protected from company debts. The business continues if you sell your shares. More complex, expensive, and regulated to set up and run. You cannot offer shares to the public. Annual financial statements must be audited. Pick n Pay is a majority family-owned private company. Public Limited Company (PLC) A company that sells its shares to the public on a stock exchange. Access to vast capital by selling shares. Business risk is spread across many shareholders. You lose absolute control and must answer to shareholders. High set-up costs and intense regulatory scrutiny. Your financial accounts are public. Shoprite Holdings is listed on the Johannesburg Stock Exchange (JSE). Franchise You buy the right to operate under an establishedbrand's name and systems. You benefit from a proven brand and business model. The franchisor provides training and ongoing support. You must follow the franchisor's strict rules. High initial costs and ongoing royalty fees. Less freedom to make your own decisions. Debonairs Pizza is a massively successful South African franchise operation.

(Note: Since the implementation of the new Companies Act (Act 71 of 2008) no Close Corporations (CC) can be registered and no conversions from Companies to CCs will be allowed. However, the existing CCs will be maintained.)

The structure you choose determines the CIPC registration process, including the documents you need to submit and the type of registration you will complete.

Begin Here 🔰

CIPC’s BizPortal is an online platform that offers company registration and related services digitally. The joy of this website is that you can get a lot of admin done in one place!

1️⃣ Register

Start by registering a BizProfile online.
(Keep a hard copy and save your log in details somewhere safe.)

Once you’ve done that, you can tackle the individual registrations covered in this module’s lessons.

2️⃣ Prepare Your Documents

After creating a profile, you’ll need to gather info related to the registration of your business:

  • ID or passport 🪪
    For South African residents, a valid South African ID is required. If you’re a foreign national, your passport.
  • Proof of address 🏢
    A recent utility bill or lease agreement for the business address.
  • Company name (optional) 🗣️
    You can reserve a business name, or you can register your business under your own name.
  • Note: You can register a company with or without a name. If a company is registered without a name, the registration number will be regarded as its name. It costs R125 to register a company without a name.
  • If you want to name your company, you must apply to reserve a name at a cost of R50. Submit four proposed names (in case your first choices are already taken). If one of the proposed names is approved, it will be attached to the company upon registration. Unfortunately, if none of the four proposed names get approved, then the company will be registered without a name. Then you should apply to reserve a name again (another R50) until you’re successful, at which time you will apply for a name change at no cost.
  • Company details 📃
    For companies, you’ll need to provide the company’s Memorandum of Incorporation (MOI) which outlines the rules and structure of your business.
  • Also, have your payment ready 💳
    This is important as these are CIPC’s rules about payment:
  • Payment MUST be made on the same day the application is submitted.
    Transactions will be rejected if payment is not received after 24 hours from submission.
    Transactions only start once we’re receiving payment.
    Online card payment is the preferred payment method. Payments reflect immediately.
  • If you already have credit in your CIPC account, check balance below, then choose the “payment using customer balance” option.
  • If you decide to make a deposit after you have submitted your transaction, then:
    You must pay directly at an Absa branch, Absa internet banking, or use their ATMs. It takes about 30 minutes for payments to reflect on our side.
    The correct reference, which is always in your CIPC customer code, must be used as displayed below.
    EFT payments from other banks are discouraged as they might be automatically allocated in your account. Some banks append extra characters to references, which make them invalid on our side. In that case, your deposit cannot be automatically allocated to your account. For the banks that do not append extra characters, it might take up to 48 hours for the payment to reach our Absa account. By that time your application has already been rejected.
    In the case of incorrect references and EFT payments from other banks, you must log a query on the CIPC website under the “Finance” > “Allocation of Funds” category. Attach your proof of payment and certified ID copy. This process takes a maximum of 10 working days.
3️⃣ Register Online

💻 Use your BizProfile to log into CIPC’s BizPortal. Then complete the online application by following the steps for registering your business. Depending on your business structure, you will be required to complete different forms and provide relevant information.

💳 Pay the CIPC fee for company registration.

📧 Once you’ve completed the process, you will receive your CIPC Registration Certificate confirming that your company is legally registered and recognised by the government.

🎉 Woohoo! Your business is now a legal entity!

➡️ Next

If you have a business registration number from CIPC, please send it to info@peopledynamics.co.za so that we can toast your success!

Back to: The Ultimate Entrepreneurship Bootcamp > Compliance and Governance

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