Companies

• Types of companies


  • Profit companies
  • Non-profit companies
  • Public company (Ltd)
  • State-owned company (SOC Ltd)
  • Personal liability company (Inc)
  • Private company (Pty) Ltd
  • External company
• Two types of companies


  • Public company
  • State-owned company
  • Private company
  • Personal liability company
• Transitional provisions and


  • Close corporations
  • External companies
• Types of companies


  • Profit companies
  • Non-profit companies
  • Public company (Ltd)
  • State-owned company (SOC Ltd)
  • Personal liability company (Inc)
  • Private company (Pty) Ltd
  • External company
• types of companies

  • Public company
  • State-owned company
  • Private company
  • Personal liability company
• Transitional provisions and


  • Close corporations
  • External companies
• Reservation of name


  • Optional
  • No hate speech
  • Word numbers and symbols
  • Registration number
  • End with "abbreviations"
  • Special conditions in MOI – RF
• Reservation validity


  • 6 months
  • Transferable
• Name change


  By Special Resolution
• Offences relating to company names


  • Failure to provide name and registration number correctly
  • Misrepresentation in the use of company name
  • Passing-off
• Disputes


  • Names is same as another company name
  • Similar to the name of another company that it creates confusion, trade marks
  • Misleading
• Reservation process


  1. Reg 9- reservation of pty name is made in Form Cor 9.1

  2. Alternative names

  3. If name failed- commissioner in forms client CoR 9.5.
• Defensive names


  • Reg 10- registration, renewal of defensive names by filing the prescribed form, payment of fee and evidence that the applicant has a direct and material interest in the name.
• Incorporation


  • MOI
  • NOI
  • Registration number
  • Certificate of Incorporation
• MOI contents


  • Type of pty
  • Inc date
  • Financial year
  • Registered address
  • Number of directors
  • Company name
• MOI contains


  • Details of Incorporators
  • Number of directors
  • Share capital
  • Content of MOI
  • Alterable / unalterable
• Binding effect of the MOI


  • Company and its members
  • Members per se
  • Company and its directors
• Amendments of MOI


  Notice of Amendment + copy of completed MOI + copy of special resolution approving the new form of MOI.