Beneficial Ownership Compliance For Your Business
The What and Why?
Easy Online Solution
For beginners
Follow these easy steps:
*Terms and Conditions Apply.
Benefits
For beginners
*Terms and Conditions Apply.
What our clients say..
"Quick, efficient service, with the theoretical knowledge and experience to back it."
"Novular Innovative stood up to it's name and corporate identity as a reliable company that delivers in an ever evolving world of corporate compliance especially with regards to CIPC applications.
Thank you Novular for being attentive and reliable, Danie is principled."
"Danie helped me within a few hours of enquiring, and absolutely went the extra mile to assist me with my company's CIPC matters!
He followed up and made sure everything was in order to the last detail!
Thank you so much!"
"Thank you for your service. Very correct and fast."
Beneficial Ownership Explained
A beneficial owner is an individual who directly or indirectly owns or controls 5% or more of a company’s shares or voting rights.
This control can also be exerted through other means such as influencing management decisions or holding interests in company securities.
In essence, the beneficial owners are typically shareholders or members who own a significant stake in the company.
The following entities are required to file beneficial ownership information with the CIPC:
Private Companies (PTY)
Close Corporations (CC)
Non-Profit Companies (NPC)
State-Owned Companies (SOC)
Personal Liability Companies (PLC)
Public Companies (LTD), including those listed on the Johannesburg Stock Exchange (JSE).
Filing Deadlines and Enforcement
The CIPC initially set the deadline for beneficial ownership filings to be 1 October 2023, but the current rule requires filing:
a) Within 30 days of a company’s anniversary date (similar to the annual return deadline), or
b) Within 10 days after incorporation for companies registered after 24 May 2023.
Furthermore, companies must file any changes to their beneficial ownership within 10 days of the change occurring.
As of 1 July 2024, a hard-stop functionality was introduced, which prevents companies from filing their annual returns unless beneficial ownership for the calendar year has been submitted.
Legal Requirements and Purpose
The legal requirement to file beneficial ownership information was introduced to reduce the risk of financial crimes such as money laundering and terrorist financing, while also enhancing transparency in company structures.
The CIPC maintains a register of beneficial ownership, which is used to:
a) Establish a public record of individuals who ultimately own or control legal entities.
b) Assist law enforcement by identifying the ultimate owners of entities under investigation.
c) Address concerns identified in the Financial Action Task Force (FATF) national risk assessment, which flagged legal persons as vehicles vulnerable to abuse for illicit activities.
Consequences of Non-Compliance
Failure to comply with these regulations will lead to penalties, including:
a) Inability to file annual returns, which could lead to deregistration of the company.
Once deregistered, the company ceases to exist, and directors or members could be held personally liable for the debts of the company or close corporation.
b) CIPC investigations and sanctions, including compliance notices, administrative fines, and the disqualification of directors.