Before beginning to trade, we recommend a consultation with one of our financial planners to ensure that all paperwork is accurate and in order. This is part of our service included in your business financial planning process.
While company registration through CIPC isn’t compulsory to run a legal business in South Africa, it is highly advisable. By registering your business through the proper channels, you will be awarded a company registration document complete with a company registration number as well as a tax number.
Having a company registration number makes applying for funding, loans, contracts, RFQs and tenders much easier. A SARS tax number comes in handy to define your business finances and separate them from your personal finances.
The Companies Act, no. 71 of 2008 (the Act) details that a Notice of Incorporation is required to register a business. Part of this process includes the registration of a Memorandum of Incorporation (MOI) which is one of the most important founding documents for any new company registration in South Africa.
The shareholder’s agreement or Memorandum of Incorporation lays out the rights, duties and responsibilities of its shareholders, the directors and other persons within a company.
While the companies act makes provision for a default MOI, most businesses require a more custom MOI solution, allowing businesses to alter the editable sections of standardised templates provided by the companies act.
A professional loan agreement between two parties forms the basis of the terms of engagement and the intention of the transaction. A loan agreement is much more than just a confirmation, detailing the payable interest rates and repayment terms of the contract, and needs to comply with the relevant commercial and taxation principles applicable to the said translation.
Where there are partners within a business, a buy and sell agreement will cover the partner’s share should they unexpectedly die or become permanently disabled. This policy protects the remaining partners, who will, in turn, be able to buy out the partner’s shares from their estate. The buy and sell agreement will detail exactly how this purchase and sale transaction will be executed.