Types of Cases

Alterations of MOI relates to alteration of the company’s rules, or its Memorandum of Incorporation, a director or shareholder of a company, may apply to the Tribunal for an administrative order setting aside the notice of an alteration.

To file for alteration of MOI, the following documents are required:
 

• Form CTR142
• Sworn affidavit
• Published notice of alteration
• MOI
• Proof of authority

Annual general meeting (AGM) relates to decisions on Extension of Annual General Meetings and Application to hold AGM.

To file an AGM application, the following documents are required:
 

• Form CTR142
• Sworn affidavit
• Memorandum of Incorporation (MOI)
• Proof of authority/Power of Attorney

Directorship disputes involve decisions on applications for removal of a director based on ineligibility, disqualified in terms of section 69 (other than section 69(8) or incapacitation to the extent of being unable to perform his/her director’s functions.

To file a directorship dispute application, the following documents are required:
 

• Form CTR142
• Sworn affidavit
• CIPC records
• Power of attorney (if an attorney or law firm is mandated to file on your behalf)

Exemptions involve decisions on exemption from appointing a Social and Ethics Committee, Related and inter-related persons and control, and Anti-avoidance exemptions and substantial compliance.

To file a SEC application, the following documents are required:
 

• Form CTR142
• Sworn affidavit
• Memorandum of Incorporation (MOI)
• Proof of authority/Power of Attorney

Name disputes relates to decisions on disputes about company names reservation, including a defensive names, or use of the name, or the transfer of any such reservation or registration.

To file name dispute application, the following documents are required:
 

• Form CTR142
• Sworn affidavit/Statement
• CIPC records
• Proof of authority/Power of Attorney

NB: For name rejection application, no proof of authority is required.

This includes applications for condonation, substituted service and applications that don’t fall within our jurisdiction.

To file for any application that emanates from the Companies Act, that the Companies Tribunal has jurisdiction over, the following documents are required:
 

• Form CTR142
• Sworn affidavit
• Proof of authority
• CIPC records/decision
• MOI
• Proof of shareholding/share certificate where applicable

Reviews relate to review of compliance orders of CIPC as well as Notices of CIPC in respect of the appointment of a company secretary, auditor or audit committee.

To file for review of CIPC compliance notices or decision, the following documents are required:
 

• Form CTR142
• Sworn affidavit
• Copy of CIPC decision
• Proof of authority