Beneficial Ownership at CIPC

Beneficial Ownership at CIPC

Please Note: When filing Beneficial Ownership at CIPC for Affected and Non-affected companies WITHOUT beneficial ownership to declare, no confirmation certificate will be available and you will receive a confirmation email from CIPC that the filing was done for the company.

Beneficial ownership in respect of a company means, an individual who, directly or indirectly, ultimately owns that company or exercises effective control over that company.

Anyone with more than 5% beneficial ownership of a company or close corporation must submit (file) the Beneficial Ownership Register with CIPC.

Any beneficial ownership / control below 5%, need not be declared.

Order the Beneficial Ownership at CIPC by CLICKING HERE

Types of beneficial ownership / effective control:

  • The holding of beneficial interest in the securities of a company;
  • Control over voting rights, or control over the exercise of voting rights associated with securities of a company;
  • The exercise of the right to appoint / remove members of the board of directors of a company, OR control over the exercise of the right to appoint / remove board members;
  • The holding of beneficial interests in the securities of a holding company, (through a subsidiary) OR the ability to exercise control (including through a chain of ownership) of a holding company through its subsidiary;
  • The ability to exercise control, through a chain of ownership, of
    • (i) A juristic person other than a holding company of that company;
    • (ii) A body of persons corporate or unincorporated (i.e body corporate of an estate – NPC);
    • (iii) A person acting on behalf of a partnership;
    • (iv) A person acting in pursuance of a trust or agreement (i.e trustees, beneficiaries of trusts, beneficiaries of an agreement);
  • The ability to otherwise materially influence the management of that company – effective control.
  • State owned companies (SOC’s) will also be required to file Beneficial Ownership information, unless exempted by the Minister in terms of section 9(2) of the Companies Act.

The following entity types are required to file Beneficial Ownership information, if applicable:

  • Profit companies
  • Non-profit companies
  • External companies
  • Close Corporations

Disclaimer

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