Part 2
INTRODUCTION
The concern of the Department of Public Works & Infrastructure (DPWI) in any application to the Companies and Intellectual Property Commission (CIPC) for the reinstatement of a deregistered company or close corporation revolves around whether such entity was the registered owner of immovable property at the time of its deregistration, and such property became “bona vacantia” (ownerless property).
With effect from 02 April 2013, DPWI has no role in applications for the reinstatement of a deregistered company or close corporation where such entity was not the registered owner of immovable property at the time of its deregistration.
Applications for the reinstatement of such entities should be submitted directly to CIPC in accordance with CIPC Practice Note 6 of 2012. Applicants should note CIPC’ requirement that the deed search results in respect of all ten (11) Deeds Offices – to confirm that the deregistered entity does not hold immovable property anywhere in the country – must be included in their application to CIPC.
Application in respect of a deregistered company or close corporation that was the registered owner of immovable property at the time of its deregistration:
Under normal circumstances, DPWI would not oppose an application for the restoration of such a deregistered entity. DPWI would, however, reserve the right to claim compensation from the entity or its successors in title, for the payment of property rates, other municipal levies and any related expenses that may have been incurred by the Department in respect of any immovable property held in title by the entity at the time of its deregistration.
To process such applications, DPWI requires the formal property description(s) and confirmation of the ownership of such property(s) in any of the following formats –
(a) recent print-outs from Deeds Web (extracts from the electronic data base of the Deeds Office, obtainable over the counter from any Deeds Office or as a subscription service); or
(b) recent print-outs from any recognised service provider (such as Search Works, Win Deed, LexisNexis] based on information extracted from the Deeds Office; or
(c) recent certification by a Conveyancer to confirm the ownership of any properties held by the deregistered entity.
GENERAL
Please note that “recent” constitutes information confirmed by the Deeds Office, recognised service provider or Conveyancer in the past thirty (30) days. The locality of the property(s) must be reflected in the deeds extract or other documentation (Suburb, Town/City/Municipality and Province in the case of urban properties and Registration Division/Municipality and Province in the case of farmland).
Any application to the Department should also include a covering letter stating the applicant’s postal address. Applicants are requested to scan and e-mail the documentation to the Department of Public Works to –
Ms Alice Nkongoane
Property Policy Development
Department of Public Works
alice.nkongoane@dpw.gov.za
Tel: 012 406 1573 / 066 473 8497
Please do not hesitate to contact me for further information.
ALLEN WEST
TONKIN CLACEY (PTA)
TEL: (012) 346 1278
