Can I still form a CC?
When the new Companies Act came into effect back in 2010, it ceased to be possible to form a CC, but existing CCs were, and still are, allowed to remain in that form.
What many people don’t realise is that a CC is not the best form of business entity. It has been surpassed by the (Pty) Ltd company.
The main differences are –
- nobody knows who are the shareholders (owners) of a company. This information is not registered with CIPC, only on the share register at the registered office of the company.
- the members (owners) of a CC are registered at CIPC, so anybody can see who they are.
- a CC is required each year to produce Annual Financial Statements to International Financial Reporting Standards and these cost about R10 000.
- the equivalent (Pty) Ltd company does not have to draw up any formal financial statements.
So, why do I still get people bemoaning the end of CC registrations?
Simply because they don’t know the above.
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