Formation of a
Close
Corporation can provide the ideal vehicle with which to
incorporate your business.
A
close corporation has certain advantages and
disadvantages over sole proprietorships.
To view a summary of comparisons please use the links below:
Close
Corporations compared to Sole Proprietorships
Close
Corporations compared to Private Limited Companies ((Pty) Ltd)
Close Corporations Key Features
- A CLOSE CORPORATION (cc) is a legal entity
- Audited financial statements are not required for CLOSE
CORPORATIONS
- Meetings are not compulsory and can be held on an ad hoc
basis
- CLOSE CORPORATIONS (CCs) may become shareholders
in other companies
- All members may take part in management of the CLOSE
CORPORATIONS
- The proprietor or member is not personally liable for the
debts of a CLOSE CORPORATIONS (CC)
- The legal procedures for registration and administration of
a CLOSE CORPORATION are kept relatively simple
Members of Close Corporations (CC)
- The members of CLOSE CORPORATIONS (CC) are
the registered "owners"
and are listed as part of the registration process.
- Any changes in respect of the members of the CLOSE
CORPORATIONS (CC)
must be notified to the Close Corporation Registration Office
in Pretoria.
- Non South Africans may be members of a CLOSE CORPORATIONS
(CC),
provided that their membership details are authorised by the
Registration Office
- A CLOSE CORPORATION may have a minimum of
one member or a maximum of 10 members.
However there are no limitations in respect of the number of
employees in a CLOSE CORPORATION.
- If a member of a CLOSE CORPORATION (CC) is
under 21, the registration document
must be signed by a parent or guardian.
Can I Convert From a Close Corporation
(Cc) To a Private Company Later On?
Yes. For example, a Close Corporation may have grown substantially
and in order to expand even further, an injection of additional
capital by way of shareholders may be envisaged.
Or, the CC may find itself competing with large companies (Pty’s)
and believe that they too should become a Pty to “even the
playing field” in the eyes of their market / customers. Accordingly,
they decide to convert their CC to a registered company.
Some Advantages
• Easy to establish and to operate
• The life of the close corporation is perpetual
• Members have limited liability
• Transfer of ownership is easy
• Fewer legal requirements than a private company
• No need for audit
Disadvantages
• Members restricted to 10 natural persons
• More legal requirements than sole proprietorship
For guidance, advice and the setting up of a CLOSE CORPORATION
please use the links below:
E-mail your
enquiry to us
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