COMPANIES

FHSN provides assistance with the revision of current Company Documents, the drafting of a new MOI and any special resolution documentation pertaining to either the amendment or the adoption of a new MOI, and any guidance or advice with respect to the Companies Act 71 of 2008. Click here to read more about our services.

You can now order shelf companies online.

Click below to place your order and we will respond to your request.

 

 

Special Offer!

Purchase a Shelf Company now for only R600 exclusive of VAT and disbursements and exclusive of any corporate changes thereto.

Limited time offer.

Contact: Milie Shantall-Lurie (millie@fhsn.co.za)

Although the 30th of April 2013, which was the supposed cut-off date for the submission of Memoranda of Incorporation for pre-existing companies (i.e. companies incorporated in terms of the former 1973 Companies Act) to align the provisions of their current Memoranda and Articles of Association with the provisions of the Companies Act 71 of 2008, as amended (“the new Act”), has now come and gone, don’t despair, as there is no restriction on a pre-existing company from adopting an entirely new Memorandum of Incorporation at any stage, or from amending any of the provisions in its existing Memorandum and Articles of Association (now referred to as a Memorandum of Incorporation), which could not be effected by the 30th April 2013.

The Memorandum of Incorporation of a pre-existing company can still be amended by a pre-existing company at any given stage and the provisions of Item 4(2) of Schedule 5 to the new Act have been misinterpreted as having meant that a pre-existing company could only amend its existing Memorandum of Incorporation or adopt an entirely new Memorandum of Incorporation before or by 30 April 2013, which is not the case at all and which provision only meant that up and until 30 April 2013, a pre-existing company could file an amendment to its Memorandum of Incorporation without charge.

As from the 1st of May 2013, any special resolution can still be passed for either the amendment of an existing Memorandum of Incorporation or for the adoption of an entirely new Memorandum of Incorporation for either a pre-existing company, or a company incorporated in terms of the new Act, which will attract a fee of R250.00, which is now levied by the Companies and Intellectual Property Commission.

Take note of the fact that a pre-existing company still has the choice of either amending certain existing clauses in its Memorandum of Incorporation, or adopting an entirely new Memorandum of Incorporation (“MOI”) to comply with the provisions of the new Act.

Companies and specifically shareholders must still guard against the implementation of the default provisions contained in the new Act and ensure that their Memoranda of Incorporation are tailor-made to suit their particular circumstances.

Failure to amend a pre-existing company’s Memorandum of Incorporation could result in negative and onerous unintended consequences for the company.

 

You are welcome to contact Millie Shantall-Lurie of our offices should you require any assistance with the revision of your current Company Documents, or with the drafting and adopting of a new MOI and any special resolution documentation pertaining to either the amendment or the adoption of a new MOI, or if you simply require any guidance or advice with respect to the new Act.
Our services include:

 

  • Availability of shelf companies compliant with the new Act.

  • Expeditious name reservations and defensive name applications;

  • The formation and registration of companies in terms of the new Act;

  • All amendments to existing close corporations;

  • The reinstatement of companies and close corporations and de-registration applications in respect of companies and close corporations;

  • The registration of prospectuses and rights offers;

  • Objections to company and close corporation names and trading names and various other applications to both the Companies and Intellectual Property Commission and the Companies Tribunal;

  • Voluntary liquidations by members/creditors for both companies and close corporations in terms of the former 1973 Act and the new Act;

  • The preparation and registration of all types of special resolutions and all other statutory forms to be lodged with the Companies and Intellectual Property Commission;

  • The drafting of shareholders’ agreements, association agreements, sale of shares agreements and joint venture agreements;

  • Company searches, hard-copy and certificate requests;

  • Electronic lodgment of Annual Returns and the submission of audited annual Financial Statements and Financial Accountability Supplements to the Companies and Intellectual Property Commission and the conversion of audited Annual Financial Statements into XBRL format as required by the Companies and Intellectual Property Commission;

  • Electronic and manual lodgment of all other CoR forms in terms of the Regulations to the new Act;

  • All notarial services; and

  • Analysis on and advice on the partial and total revision of the Memoranda and other statutory documents of all pre-existing and new companies and existing close corporations.

  • Application for a B-BBEE Certificate from the Companies and Intellectual Property Commission in the case of the annual turnover of a company being less than 10 million Rand.

 

You can now order shelf companies online.

Click below to place your order and we will respond to your request.

Tel: 012 424 0200

Fax: 086-687 3984

e-mail: millie@fhsn.co.za