What is a non-profit company?

It is a company that is incorporated for a public benefit purpose. It may not distribute profits to its members or directors but directors are entitled to reasonable compensation for services rendered. A minimum of three directors must be directors of a non-profit company. The name of a non-profit company will end with “NPC”.

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What is an external company?

It is a foreign company that is carrying on business in South Africa. All foreign companies must register in South Africa within 20 days of conducting business within South Africa.

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Can I get further protection over my company name?

Yes. You can register a South African trade mark or an international trade mark for your company.

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Why should I register a name for my company?

If you register a name for your new company, this will then provide you with common law protection over your trading name.

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Do I have to register a name for my company?

No, you will be allocated a derivative of your company registration number to trade under.

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Who can be a director of a company?

Any natural person with a valid identity document or passport can be a director of a company.

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Can a foreigner register a company in South Africa?

Yes, so long as the person registering the new company has a valid passport.

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Who can be a shareholder of a company?

Any legal entity or natural person can be the shareholder of a company.

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Who can register a company?

Any natural person can register a company in South Africa in their capacity as the first director of the new company.

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Which type of MOI should I choose?

The Companies Act 2008 became effective on 1 April 2011 at which date no further Close Corporation could be registered. Interestingly if you own an existing close corporation you can continue trading through this entity in perpetuity. There are various different companies that you can register under the new Act which is detailed under comparison … Continued

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