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

Companies Regulations, 2011

Chapter 2 : Formation, Administration and Dissolution of Companies

Part C : Transparency, accountability and integrity of companies

30. Company annual returns

30. Company annual returns

 

See section 33

 

(1) A company must file its annual return in Form CoR 30.1 together with the prescribed fee set out in Table CR2 B unless exempt from such payment under sub-regulation 8, within 30 business days after the anniversary of—
(a) its date of incorporation, in the case of a company that was incorporated in the Republic; or
(b) the date that its registration was transferred to the Republic, in the case of a domesticated company.

 

(2) A company that is required by the Act or regulation 28 to have its annual financial statements audited must file a copy of the latest approved audited financial statements on the date that it files its annual return.

 

(3) A company that is not required in terms of the Act or regulation 28 to have its annual financial statements audited may file a copy of its audited or reviewed statements together with its annual return.

 

(4) A company that is not required to file annual financial statements in terms of sub-regulation (2), or a company that does not elect to file a copy of its audited or reviewed annual financial statements in terms of sub-regulation (3), must file a financial accountability supplement to its annual return in Form CoR 30.2.

 

(5) The Commission—
(a) must establish a system to select and review a sample of financial accountability supplements, audited annual financial statements or independently reviewed annual financial statements that have been filed in terms of this regulation, with the objective of monitoring compliance with the financial record keeping and financial reporting provisions of the Act; and
(b) may issue a compliance notice to any such company setting out changes that are required to the company's practices to better comply with the financial record keeping and financial reporting provisions of the Act.

 

(6) An external company must file its annual return in Form CoR 30.3 together with the prescribed fee set out in Table CR2 B, within 30 business days after the anniversary date of its registration as an external company.

 

(7) If the information furnished by the company on Form CoR 30.1, or by an external company on Form CoR 30.3, differs from the information on the Commissions register and pre-printed on Form CoR 30.1 or Form CoR 30.3 respectively by the Commission, the company or external company must file the applicable CoR form for changing the said information together with Form CoR 30.1 or CoR 30.3 respectively, and pay the appropriate prescribed fee (if any) for such change.

 

(8) A company that has been inactive during the financial year preceding the date on which its annual return becomes due under sub-regulation 1, may apply to the Commission for exemption from payment of the prescribed fee contemplated in sub-regulation 1, provided that the application is supported by the financial statements indicating that the company had in fact no turnover during that financial year.