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Thread: ALL COMPANIES NOTE: NEW RULES FOR REGISTERED OFFICES

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    Platinum Member Mike C's Avatar
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    ALL COMPANIES NOTE: NEW RULES FOR REGISTERED OFFICES

    Directors and company secretaries need to know that CIPC (the Companies and Intellectual Property Commission) has recommended that all companies – existing and new - ensure that their registered office is recorded as “the address where the administrative business of the company is conducted or, should they have more than one office, their principal office”. The common practice of using “an address for convenience” – normally the auditors’ address – should be discontinued.

    This follows a High Court decision to the effect that, due to differences between the old and new Companies Acts, a company’s “registered address” must now be the same as its “principal office”. Previously it was quite possible for a company to have two totally separate addresses, namely a “registered address” and a different “main place of business” (often referred to as the “principal place of business”)


    No longer!

    In the case in question, a dispute arose as to which Court had jurisdiction over a company subject to liquidation and business rescue applications. It was in the end found to fall under the sole jurisdiction of the Western Cape High Court because the company’s “central administration”, books and records, banking account etc were all situated in Cape Town.

    (Taken from Lowe & Wills Attorney newsletter)
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    Dave A (26-Jul-12), Rika (09-Oct-12)

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    Junior Member Rika's Avatar
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    Hi Mike, please can you explain to me the difference between a independent and voluntary review. Who can do these reviews, where can I find one. Do i have to have a review done on AFS. The companies PIS is 100. There is no employees and the company has been running a loss for the past 3 consecutive years.

    I will be grateful if you can give me as much information as possible. The previous auditors don't want to hand over my clients files as they say that he needs to appoint an auditor. However my client has now signed a letter of resolution to make way for the audit.

    Please help

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    Platinum Member Mike C's Avatar
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    Hi Rika, you may find a lot of your questions answered at this link which I thought was most helpful.

    http://www.bbrief.co.za/resources/ar...tarily-audited
    An education isn't how much you have committed to memory, or even how much you know. It's being able to differentiate between what you do know and what you don't. - Anatole France

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    Junior Member Rika's Avatar
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    thank you

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    Diamond Member wynn's Avatar
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    In most instances you have a domicilium and a postal address.
    Surely you can put domicillium as 3 The Railway Cuttings and your postal address as Countemandweep Accountancy POBox xxx
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    Quote Originally Posted by wynn View Post
    In most instances you have a domicilium and a postal address.
    Surely you can put domicillium as 3 The Railway Cuttings and your postal address as Countemandweep Accountancy POBox xxx
    But I think they're trying to make the point about the physical address only, which in the event of major issues will be where notices are served. The problem with this is if your land lord kicks you out, how can you be served summonses? If you are unaware of the summons, you don't defend in court and may get unfair judgements.

    The whole point of using the auditors address was so that you would still get these legal notices even if you moved or closed down. It wasn't a matter of "convenience".

    These latest developments mean that in the event of serious stress, the poor business owner is going to have to remember to organise a whack load of registered letters to all possible creditors so that the domicilum can be changed to an address he has access to.

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