CIPC administers all or parts of fifteen (15) pieces of legislation relating to corporate and intellectual property regulation. Its mandate encompasses companies, close corporations, co-operatives, trade marks, patents, designs, aspects of copyright legislation and enforcement of rules and regulations in most of these areas of law. CIPC’s primary institutional mandate is derived from the Companies Act, 2008, which establishes CIPC as a juristic person.
| Legislation | Mandate |
|---|---|
| Companies Amendment Act 16 of 2006 | Regulator: companies, business rescue practitioners, and corporate names; maintain data; regulate governance of and disclosure by companies; accredit dispute resolution agencies; educate and inform about the Act; non-binding opinion and rulings; policy and legislative advice. |
| Companies Amendment Act 17 of 2009 | Regulator: companies, business rescue practitioners, and corporate names; maintain data; regulate governance of and disclosure by companies; accredit dispute resolution agencies; educate and inform about the Act; non-binding opinion and rulings; policy and legislative advice. |
| Co-operatives Administrative Regulations 2016 | Co-operative Administrative regulations. |
| Principles of Good Governance for Co-operatives | Principles of Good Governance for Co-operatives. |
| Co-operatives Amendment Act 6 of 2013 | Regulator: co-operatives; maintain data; regulate governance of and disclosure by co-operatives. |
| Companies Act, 2008 (No 71 of 2008) | Regulator: companies, business rescue practitioners, and corporate names; maintain data; regulate governance of and disclosure by companies; accredit dispute resolution agencies; educate and inform about all laws; non-binding opinions and rulings; policy and legislative advice. |
| Close Corporations Act, 1984 (Act 69 of 1984) | Maintain data, regulate governance of and disclosure by close corporations. |
| Share Blocks Control Act, 1980 (Act 59 of 1980) | Regulator: business names. |
| Co-operatives Act, 2005 (Act 14 of 2005) | Regulator: co-operatives; maintain data; regulate governance of and disclosure by co-operatives. |
| Patents Act, 1978 (Act 57 of 1978) | Register patents; maintain data; perform patent search. |
| Patent Cooperation Treaty (PCT) (effective in SA from 16 March 1999) | To provide functioning of the PCT co-receiving, designated, and elected offices in terms of PCT. |
| Trade Marks Act, 1993 (Act 194 of 1993) | Register trademarks; maintain data; publish patent journal; administer Court of Commissioner of Patents. |
| Designs Act, 1993 (Act 195 of 1993) | Register designs; maintain data; resolve disputes. |
| Copyright Act, 1978 (Act 98 of 1978) | Provide non-binding advice to the public. |
| Registration of Cinematography Films Act, 1977 (Act 62 of 1977) | Register films; maintain data. |
| Performers Protection Act, 1967 (Act 11 of 1967) | Accredit Collecting Societies; regulate their governance, conduct, and disclosure. |
| The Counterfeit Goods Act | Conduct raids; coordinate search and seizure operations; oversee disposal. |
| Merchandise Marks Act, 1941 (Act 17 of 1941) | Prevent and enforce the unauthorised use of marks. |
| Films and Publications Act, 1996 (Act 65 of 1996) | Prevent and enforce the unauthorised use of marks. |
South Africa is a member of a number of important Treaties and Agreements and ensuring compliance with South Africa’s obligations in terms of these Treaties or Agreements. CIPC administers these treaties on behalf of South Africa. These Treaties and Agreements include the following:
- Paris Convention;
- Patent Co-operation Treaty
- Berne Convention
- Budapest Treaty; and the
- TRIPS Agreement
It is anticipated that South Africa will conclude accession to the Hague Agreement and the Madrid Protocol in the near future, which will require CIPC to administer those Treaties as well.
| Regulations |
|---|
| Companies Regulations |
| Close Corporation Regulations |
| Co-operative Regulations |
| Trade Mark Regulations |
| Patent Regulations |
| Design Regulations |
| Copyright Regulations |
| Co-operatives Administrative Regulations |
| Principles of Good Governance for Co-operatives |
Practice Notes
| Year | Particulars |
|---|---|
| 2024 | • Performance of 2024: Power stabilization, alternative investment regulations and reforms |
| 2023 | • Performance of 2023: Regulatory updates on corporate debt and disclosure norms • Performance of 2023: SEBI regulations on buyback and public issue • Performance of 2023: Mutual fund regulatory updates • Performance of 2023: Additional compliance requirements for investment management • Performance of 2023: Corporate governance and disclosure obligations • Performance of 2023: New compliance rules for IPO and listing regulations • Performance of 2023: Securities market reforms and investor protection |
| 2022 | • Performance of 2022: Regulation of debentures and securities • Performance of 2022: Board report requirements • Performance of 2022: Role of physical validation of companies and investor protection |
| 2021 | • Performance of 2021: Filing of documents of the companies and changes • Performance of 2021: Classification framework and compliance • Performance of 2021: Overview of corporate compliance and regulatory environment |
| 2020 | • Performance of 2020: Investment schemes and regulations • Performance of 2020: Consumer protection and investment risk • Performance of 2020: Securities regulations and SEBI compliance • Performance of 2020: Company formation and regulatory framework |
| GUIDANCE NOTES | |
| 2024 | Guidance of 2024 – Prospectus filing requirements |
| 2023 | Guidance of 2023 – Compliance with financial rules Guidance of 2023 – Guidelines for annual general meetings and related documentation Guidance of 2023 – The Registration of Personal Information Act (POPIA) Consent |
| 2021 | Guidance of 2021 – Director quick reference Guidance on prospectus – Pre- and post-registration requirements |
| 2019 | Guidance Notes of 2019 – Time periods for filing annual returns and annual financial statements Guidance Notes of 2019 – Company, Close Corporation and Co-operative registration numbers to appear on court documents and court documents (CC's formalization) |
| 2014 | Guidance Notes of 2014 – Guidelines for corporate compliance programme |
| 2011 | Guidance Notes of 2011 – Registration of special resolutions Guidance Notes of 2011 – Registration of companies Guidance Notes of 2011 – Changes to close corporations Guidance Notes of 2011 – Minimum conventions from company to close corporation Guidance Notes of 2011 – Vesting and registration of Prospectus Guidance Notes of 2011 – Conversion of pre-existing companies limited by guarantee to terms of Companies Act 71 of 2008 Guidance Notes of 2011 – Conversion of close corporations to companies in terms of Companies Act 71 of 2008 |
| 2012 | Guidance Notes of 2012 – Change of financial year end Guidance Notes of 2012 – Application for deregistration of companies and close corporations – Withdrawn Guidance Notes of 2012 – Re-instatement of companies and close corporations – Withdrawn with effective date 1 Nov 2012 Guidance Notes of 2012 – Application and notice for deregistration of close corporations and companies |
| 2013 | Guidance Notes of 2013 – Amendment of Companies Constitution/Memorandum and Articles of Association before expiry date of Transitional Arrangements under Companies Act 2008 Guidance Notes of 2013 – Members' Registers and close corporations amendments (CK2) Withdrawal Notice No 1/2013 Guidance Notes of 2013 – Application for deregistration of companies and close corporations Guidance Notes of 2013 – Re-instatement of companies and close corporations |
