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Companies Act, 2008 (Act No. 71 of 2008)

Notices

Practice Note 2 of 2022 - Certification Requirements for Documents Filed with the CIPC

 

Notice No. 1796

25 February 2022

GG 45954

 

Department of Trade, Industry and Competition

 

In terms of Regulation 4(1)(a) of the Companies Act Regulations, 71 of 2008, a Regulatory Agency may issue a guidance document with respect to a matter within its authority, which provides for recommended procedures, standards or forms advising on best practice.

 

The Companies and Intellectual Property Commission (“CIPC”) has noted an increase in the submission of suspicious and possible fraudulent certified documents to the CIPC and thus, further to Notices 54 and 63 of 2016, hereby advises customers that the CIPC will apply strict verification of such supporting documentation (ID / passport copies) as part of its business processes from 1 April 2022. Failure to adhere to the certification requirements may result in the CIPC rejecting the application for incompleteness.

 

➢ Certification of documents (including ID documents) filed with the CIPC may not be older than 3 (three) calendar months
➢ The Commissioner of Oaths, certifying / affirming any documents MUST state the date of certification.
➢ Only one ID/Passport may appear on a single page and in the case of the SA ID Card, both sides have to be scanned in on the same single page.
➢ Only validly issued passports will be accepted.
➢ No asylum seeker / temporary resident document will be accepted as valid confirmation of identity.

 

South African certified documents

 

The following information of Commissioner of Oaths must appear on documents:

 

• Full name and Surname
• Business Address
• Signature
• Designation
• Documents certified by police officials also need to indicate the persons rank and rank number.
• Date of certification

 

The above information is required to ensure that the Commissioner of Oaths is traceable for accountability purposes.

 

CIPC will only accept documents that have been commissioned by a Commissioner of Oaths in South Africa.

 

International certified documents

 

If a person is based in another country and has to submit documents to CIPC, a certificate of authentication needs to accompany those documents to confirm authenticity.

 

A Notary Public is an internationally recognized form of certification or affirmation of documents, and the CIPC will accept both South African and international Notary Public certifications. A Notary Public certified document, must be accompanied by a Notary Public certification seal and/or certificate.

 

Yours sincerely,

 

 

Adv Rory Voller

Commissioner: CIPC

3/02/2022