The end of a private company. De-registration?

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  • PieterPan
    Email problem
    • Aug 2012
    • 17

    #1

    [Question] The end of a private company. De-registration?

    The end of a private company.

    Is it possible to de-register a private company without liquidation?
    In the case of a cc, for instance, if the CIPC fees are behind CIPC deregister the cc and the members are liable for the, if any, liabilities.

    What will the case be for directors and shareholders?

    Regards
  • CLIVE-TRIANGLE
    Gold Member

    • Mar 2012
    • 886

    #2
    There is a process to de-register a company, other than waiting for it to be de-registered for non-compliance towards annual returns and duty.

    Importantly, SARS couldn't care less if it's de-registered at CIPC; it must be de-registered for all taxes as well. This is where you need to be careful, "exit" VAT can be an issue so consider that step carefully.

    Do it properly to avoid repercussions, non-submission of annual returns is negligent, and when there are liabilities they become unenforceable towards the company, so the next recourse is directors, then shareholders then incorporators. If it's a company registered under the old act, then the last stop is at the original subscribers to the Memorandum.

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