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Companies Act, 1973 (Act No. 61 of 1973

Companies Administrative Regulations, 1973

19. Registration and Incorporation [Section 63(1)]

 

 

1) The following documents shall be lodged for the registration and incorporation of a company having a share capital:
a) the original memorandum and articles referred to in regulations 17 and 18;
b) Form CM 5 containing particulars of the name reserved for the company, as approved by the Registrar, together with such other Forms CM 5, if any, containing particulars of the translated name and of the shortened form of the name or translated name, for the company, as approved by the Registrar: Provided that lodgment of Form CM 5 in respect of the name of a company to be incorporated is not required if the name contained in the memorandum for that company is identical to-
i) a defensive name registered on application of a person who, upon incorporation of the company concerned, is to be a director or member thereof or is deemed to be such, and of which the registration has not expired; or
ii) the name of a company, which is to change simultaneously with the registration of that memorandum; or
iii) the name of a close corporation which is to be converted simultaneously into a company;
c) Form CM 7, for the registration of the translation of the name of the company, if any;
d) Form CM 7, for the registration of the shortened form of the name of the company, if any;
e) Form CM 22, containing a notice of the registered office and postal address of the company;
f) a power of attorney signed by the subscribers to the memorandum in favour of the person lodging the documents; and
g) if a person has consented in terms of section 269(1) of the Act to his appointment as auditor of a company to be formed, the notice of consent to such appointment of Form CM 31.

 

2) Proof of payment of the prescribed and additional fee in terms of section 63(1) and (2) of the Act shall be affixed to the original Form CM 2.

 


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