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Companies and dealing with Directors not recorded with CIPC

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CIPC no longer required to approve company actions and documentation.

CIPC’s role has been revised. The Companies Act specifically reduces the company’s reliance on the regulator, the CIPC. Although companies still have to comply with an administrative process to inform the CIPC of its decisions (for example the appointment of directors, changing of auditors, change of year end, amendment of the Memorandum of Incorporation), none of these decisions are dependent on the approval of the CIPC. In most instances, the company’s decision is effective immediately and it merely needs to inform the CIPC of decisions or actions.

Appointment of directors

In terms of section 66(7):

“A person becomes entitled to serve as a director of a company when that person:

a) has been appointed or elected in accordance with this Part, or holds an office, title, designation or similar status entitling that person to be an ex officio director of the company; and

b) has delivered to the company a written consent to serve as its director.”


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