Guides · Company Registration
By @MaltechAfrica · Maltech-Africa, Registered TCSP ID 65232 · Pretoria, South Africa
If your clients live outside South Africa, you can still register a South African company for them without anyone travelling. The steps are the same for every client, and most delays come from missing documents, not from the CIPC. This guide walks through the process so you can plan each file and set your clients' expectations.
Yes. A foreign national or a foreign company can be a shareholder in a South African (Pty) Ltd. The Companies Act does not require a director to live in South Africa, so non-resident directors are allowed. What matters is that every director is eligible. A person who is disqualified from being a director, in South Africa or elsewhere, cannot be appointed, so check this at the start of every file.
For each director and shareholder you will usually need a copy of the passport (certified if possible) and proof of residential address. For a corporate shareholder you will also need the foreign company's registration documents and a list of its beneficial owners. Two or three proposed company names help, because the CIPC may reject a name that is too close to an existing one.
Complete and correct documents at the start save more time than anything else you can do later.
The company is registered with the Companies and Intellectual Property Commission (CIPC), which issues the registration certificate and the official company documents. When the documents are complete, this step can be done in about a day.
A company needs a SARS tax number to trade, to be paid, and to complete the compliance steps that follow. Directors who are not yet registered with SARS may also need a personal tax number, and the time this takes depends on SARS appointments and availability, so tell your client early.
South African companies must record who owns and controls them. This is submitted to the CIPC as a Beneficial Ownership Declaration. Foreign ownership often means more than one layer of owners, so have the full ownership structure ready before you start.
Every South African company must have a Public Officer, who is the contact for SARS. If your client has no one in South Africa to take this role, a registered service provider can be appointed with the client's written consent. Tell your client whether the company will be dormant, lightly trading or active, because the right package, and the responsibilities that come with it, depend on this.
A South African company needs a registered office address in the country. Banks also carry out their own checks on the company and on each director and owner, and they may ask for documents from the client's home country or require the client to be present. Never promise a client that a bank account will be opened, because the bank makes the final decision.
Registration is the start. A company still needs annual returns at the CIPC, tax submissions at SARS, and up-to-date director and ownership records. Clients who skip this can lose their good standing, which affects banking, tenders and licences. Offering an annual compliance package keeps your client covered and gives you a recurring service to sell.
• Documents that are not certified or are out of date
• Directors who are not eligible, found after the work has started
• A client who expects a bank account to be guaranteed
• No plan for the Public Officer
• Unclear ownership structures for corporate shareholders
A short checklist at the start of every file avoids most of these.
If you register companies for clients abroad on a regular basis, it can be easier to hand the incorporation to a registered South African Trust & Company Service Provider and keep your client relationship to yourself. Maltech-Africa is a registered TCSP (ID 65232) based in Pretoria. Its Partner Programme lets consultancies, accountants, lawyers and relocation firms either refer clients for a fee or submit files at trade rates, with the process handled remotely.
You can also read about the registration route for individual foreign owners on our Foreign Owners Company Registration page and our non-resident business setup guide.
Ready to partner? Apply on the Partner With Us page.
This article gives general information only and is not legal, tax or financial advice. Requirements and processing times change, so confirm the current position before you advise a client.