Can I resign as the Registered Representative and Public Officer of a company without a replacement?
I asked three AIs and the answer was consistently no. There is no mechanism enabling you to resign from the above appointments without a replacement.
SARS also advised on numerous occasions that it cannot be done.
They were all wrong!
I was on the spot because of all the shelf companies that we sell. I have to be the Registered Representative in order to maintain the tax affairs up until we sell the company. Then I’ve had to rely on the client to undertake the onorous task of appointing themselves in my place, which they frequently fail to do.
I have now successfully resigned online from about 100 companies that we have sold and that did not replace me.
It also works with trusts.
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I have a situation where I recently resigned as a director of a company but this has not been implemented as my contact details on the CIPC database have been improperly changed (I don’t get notifications). I have taken the stance that this is the company’s problem not mine – although I will write to the CIPC given the wider implications for a dysfunctional registration system.
Hi Cliff,
Your resignation must be recorded at CIPC because a director has legal obligations which you will not want. It’s not the company’s problem, it is yours. If you need help, let me know by email to derek@harbourassociates.co.za
Did you resign via signed letter? Or is there an online section to remove your details from SARS Efiling?
Hi Michelle,
I found a neat way around what had been an intractible problem for years. But we don’t teach others because we’re in the business of knowing “how to”. So, we have a fee for achieving results such as this.