Steps to Follow When Reinstating a Company with CIPC
The Companies and Intellectual Property Commission (CIPC) allows for the reinstatement of a deregistered company or close corporation only under specific conditions.
Who May Apply for Reinstatement?
As per Section 82(4) of the Companies Act, any interested person may apply, including:
The company or close corporation itself.
Creditors or any other party requiring reinstatement for legal action.
If a creditor or another third party applies, they should seek a court order for reinstatement.
Check the Eligibility for Reinstatement
A company or close corporation may be reinstated if:
It was actively conducting business at the time of deregistration (requires bank statements covering six months before and after deregistration).
It owns immovable property registered in its name.
A court issues an order reinstating the company or close corporation.
If none of these conditions are met, CIPC will not reinstate the entity. Instead, it is recommended to register a new company at a cost of R125 (without a name) or R50 per name reservation application.
The Reinstatement Process
Assessment
Confirm if the entity was active or owned immovable property at deregistration.
If the answer is NO, do not proceed with reinstatement—register a new company instead.
Creditors should approach the court for a reinstatement order.
Payment of Fees
Deposit R200 into CIPC’s bank account (court orders are processed free of charge).
Reinstatement by Court Order
Court orders must be emailed to corporatelegalservices@cipc.co.za for processing.
Supporting documents should comply with Practice Notes 4 & 5 of 2016 and be submitted as a single PDF or TIFF file.
Filing Outstanding Annual Returns
Once the CoR40.5 reinstatement form is processed, all overdue annual returns must be submitted for the company to be legally restored.
Without filing annual returns, reinstatement remains incomplete unless a court order was obtained.
Required Supporting Documents
Completed CoR40.5 Form
Certified ID copies of the applicant and the customer filing the application
Mandate letter from the applicant authorizing the submission
Proof of business activity (bank statements covering 12 months spanning deregistration) OR proof of outstanding assets/liabilities
Multiple Deed search (not required from 1 January 2022)
Letter from the Department of Public Works (if applicable, no longer required from 1 January 2022)
All documents must be submitted as a single email to re-instatements@cipc.co.za in PDF or TIFF format.
Benefits of Registering a New Company
Lower cost – Reinstatement requires a R200 application fee plus payment of all overdue annual returns, whereas new company registration costs R175.
Less administrative burden – Reinstatement requires additional documentation and statutory amendments.
Faster process – A new company avoids the need for supporting documents such as affidavits, deed searches, and newspaper advertisements.
Please watch the video below from CIPC available on the YouTube channel for more information.
