CIPC will only consider re-instating a company or close corporation under the following conditions:
1. The entity was actively conducting business at the time of de-registration, supported by bank statements covering six months before and six months after de-registration.
2. Immovable property is registered under the name of the deregistered entity.
3. A court has issued an order for reinstatement.
If none of these conditions can be proven with documentary evidence, CIPC will not reinstate the entity. Instead, it is recommended to register a new company, which costs R125.00 without a name and an additional R50 for each name reservation application (if applicable).
Benefits of registering a new company include cost-effectiveness, as reinstatement involves a fee of R200.00 plus payment for all overdue annual returns, whereas registering a new company only costs R175.00 initially.
Anyone interested in reinstating a company or close corporation, including creditors or the entity itself, may apply under section 82(4) of the Companies Act. If the application is made by someone other than the entity or its representative, obtaining a court order is advisable.
Once a court order is obtained or a reinstatement application is submitted, deposit R200 into the CIPC bank account. Court-ordered reinstatements are exempt from this fee.
For a court-ordered reinstatement, email the court order to corporatelegalservices@cipc.co.za for processing, ensuring all required documents are in PDF or TIFF format as per Practice Notes 4 and 5 of 2016.
Following the processing of form CoR40.5, all outstanding annual returns must be filed to complete the reinstatement. Failure to file these returns will prevent reinstatement unless a court order is obtained.
For reinstatement inquiries or submissions, email re-instatements@cipc.co.za with all necessary documents attached in PDF or TIFF format.