The Companies and Intellectual Property Commission (CIPC) will, with effect from the 1st of July 2024, strictly enforce the filing of Beneficial Ownership Declarations with the filing of Annual Returns. The requirement for companies and close corporations, registered with the CIPC, to file Beneficial Ownership information was initiated as a result of the amendments brought about by the General Laws (anti-Money Laundering and Combatting Terrorism Financing) Amendment Act, 22 of 2022, which amended the Companies Act, 2008 (“the Act”). In terms of the amendment, as from 24 May 2023, with the implementation of the relevant Regulations, all companies and close corporations must file their Annual Returns with the CIPC, together with the Beneficial Ownership Declaration and security register or beneficial interest register (as applicable), within 30 business days after its anniversary date. While CIPC customers were initially afforded an “option” to defer the filing of Beneficial Ownership information together with Annual Returns, this will no longer be the case, as from the 1st of July 2024. The implementation of the HARD-STOP FUNCTIONALITY means companies and close corporations will not be able to file their Annual Returns via any of the CIPC electronic platforms unless the Beneficial Ownership Declaration has been submitted and/or is up to date. As per the Act, as amended, Beneficial Ownership Declarations, Annual Financial Statements /Financial Accountability Supplements must be filed with an Annual Return. All companies and close corporations are required by law to file their Annual Returns with the CIPC during their anniversary month every year. As such, enterprises are required to comply with Beneficial Ownership Declaration filings during the same period. There are several consequences a company or close corporation may face if Beneficial Ownership information is not up to date. The entity may incur penalties for the late filing of Annual Returns, enforcement action may be taken by the CIPC through investigation into the administration and governance processes of a business and even the issuing of a compliance notice; and/or referral for deregistration and even final deregistration due to non-compliance. Should you have any queries regarding the submission of the Beneficial Ownership declaration, please contact Melissa Blochlinger; melissa.blochlinger@pinionza.com Disclaimer: The information supplied herein should not be used or relied upon as professional advice. No liability can be accepted for any errors or omissions nor for any loss or damage arising from reliance upon any information herein. Always contact our office for specific and detailed advice. Any legal information presented is a precis of current legislation, is subject to change and should not be used as a substitute for detailed professional advice. Copyright © 2024 Pinion South Africa. All rights reserved.