From 1 April 2023, South African businesses must disclose their beneficial owners to the CIPC in line with the Companies Act. Furthermore, SARS necessitates companies to report shareholders who possess an interest of 5% or more in their tax declarations.
Why the Change?:
This mandate compels companies to maintain and submit beneficial ownership records to the CIPC. Its primary aim is to curb money laundering, financial frauds, and reputation tarnishing activities. Moreover, it aids South Africa’s objective of getting delisted from the Grey-list.
Entities Obliged to Disclose:
Beneficial ownership must be reported by:
- Private Companies
- Close Corporations (CC)
- Non-Profit Companies (NPC)
- State-Owned Companies (SOC)
Specifically:
- Trust shareholders equate the beneficiaries as beneficial owners.
- In a CC, beneficial owners are the members.
- NPCs with members recognize the members as beneficial owners, whereas NPCs without members consider the directors.
- For SOCs with a minister as a shareholder, the minister becomes the beneficial owner.
Entities Exempted:
The following aren’t obligated to disclose beneficial ownership:
- Public Companies
- Primary Co-Operatives (co-op)
- Personal Liability Companies
Notably:
- Public companies are already overseen by entities like the Johannesburg Stock Exchange (JSE) and thus don’t need to submit again.
- Present amendments exclude primary co-operatives from the mandate.
- No specific directions have been issued yet for personal liability companies regarding this disclosure.
Who Can Submit?:
Individuals authorized by the company can file the beneficial ownership details.
Deadline Reminder:
Submissions to the CIPC are due by 1 October 2023, which marks 6 months post the inception of the General Laws Amendment Act. If you’re yet to adhere, this provides a month’s time frame to align.
Submission Process:
Filing can be accomplished through the bizportal. Alternatively, using our professional services can streamline the process for you.
Mandatory Documents:
When filing to CIPC, ensure you have the following, which we can generate for you:
- Mandate to Lodge Beneficial Ownership
- Register of Beneficial Owners
- Register of Shareholders (or Members if it’s a CC or an NPC with members)
- Verified/Certified ID documents of beneficial owners
Once processed and complemented by essential documents, the CIPC will provide a certificate as an acknowledgment of receipt.
Don’t navigate these new regulations alone! Let our experts guide you seamlessly through every step, ensuring full compliance without the stress. Act now for peace of mind tomorrow. Contact us today and stay ahead of the curve