Over 800,000 companies faced deregistration by the Companies and Intellectual Property Commission (CIPC) in January 2025 alone. That’s a staggering number! For business owners caught in this wave, figuring out how to reinstate a deregistered company becomes urgent. Deregistration strips a company of its legal status, freezes assets, and halts operations. But reinstatement offers a lifeline. This guide cuts through the noise. It delivers clear, actionable steps for professionals navigating the process in South Africa. Whether the goal is reclaiming property or reviving a dormant entity, every detail needed to restore a company’s standing with CIPC lies ahead.
The process isn’t a mystery, but it demands precision. A deregistered company can’t operate, sign contracts, or access its bank accounts until reinstated. South African law, under the Companies Act of 2008, sets the rules. Success hinges on understanding eligibility, gathering documents, and following through. Some opt for a fresh start with a new company. Others fight to resurrect the old one. Both paths get explored here. Expect practical advice, not vague promises. Ready to tackle reinstatement? Let’s break it down.
Eligibility Criteria
Not every deregistered company qualifies for reinstatement. CIPC enforces strict conditions. Three scenarios open the door. First, the company must have been active at deregistration. Proof matters here—bank statements spanning six months before and after the deregistration date show transactions, payroll, or supplier payments. Second, immovable property registered in the company’s name counts. Think land, buildings, or warehouses tied to the entity’s title deeds. Third, a court order can force reinstatement, bypassing other hurdles.
What if none apply? CIPC won’t budge. A company dormant for years with no assets or activity stays dead. Registering a new entity becomes the fallback. Costs for that? Just R175 total—R125 for registration, plus R50 per name reservation if sticking to defaults. Compare that to reinstatement’s R200 application fee, plus overdue annual return costs. Eligibility shapes the decision. Active businesses or property owners lean toward reinstatement. Empty shells don’t.
Good news arrived in 2022. CIPC’s Practice Note 1 scrapped the mandatory proof of economic activity for applications after January 1. No more digging up old bank statements unless requested. Property ownership or a court order still works. But CIPC reserves the right to demand evidence later. Companies should keep records handy—better safe than stalled.
Benefits vs. New Registration
Reinstatement isn’t the only option. Registering a new company tempts many. Why? Cost and speed. Reinstatement demands R200 upfront, plus fees for every outstanding annual return. Depending on turnover and entity type, that could climb into thousands. A new company? R175 flat. No back payments. No digging through old files.
Time tells a story too. Reinstatement drags on—processing the CoR40.5 form, filing returns, updating records. Weeks, sometimes months, pass. A new registration? Days. CIPC’s online portal churns out a fresh entity fast. No need for affidavits, deed searches, or court trips. For a business itching to operate, speed wins.
But reinstatement has its edge. It restores history. Contracts, licenses, and property tied to the old company revive. A new entity starts from scratch—new tax numbers, new bank accounts, new everything. For companies with valuable assets or legal claims, reinstatement preserves continuity. The Supreme Court of Appeal ruled in Newlands Surgical Clinic v Peninsula Eye Clinic that reinstatement retroactively validates actions during deregistration. That’s a game-changer for disputes or deals.
Choice depends on circumstances. A dormant company with no ties? Go new. One with property or active legacy? Reinstate. Weigh the numbers and timelines. Decide what fits.
Who Can Apply
Anyone with a stake can start the process of how to reinstate a deregistered company. Section 82(4) of the Companies Act says so. The company itself—through directors or members—can apply. Creditors owed money by the entity qualify too. Even third parties, like someone suing the company, can push for reinstatement to pursue legal action. Flexibility reigns here. But a catch exists.
Only the company or its appointed representative can file annual returns post-application. Creditors or outsiders can’t. If they want reinstatement, a court order becomes the route. Why? Companies Regulation 40(6) insists full reinstatement—legal personality restored—requires those returns. Without them, the process stalls at “reinstatement in progress.” For directors, this is straightforward. They control the entity and its filings. Creditors face a hurdle.
A court order skips the R200 fee but adds legal costs. Third parties weigh the same trade-off. Who applies shapes the path. Companies handle it internally. Others may need judicial muscle.
Assessing Feasibility
Step one: assess. Was the company active when deregistered? Check records. Bank statements, invoices, or employee payslips from six months pre- and post-deregistration paint the picture. No activity? Move to property. A deed search confirms ownership—land or buildings in the company’s name. Nothing there? Court order’s the last shot.
If none hold, stop. CIPC rejects applications without evidence or judicial backing. Creditors shouldn’t bother with the standard process—courts are their arena. For companies, inactivity plus no assets screams “new registration.” Why fight a losing battle?
Post-2022, the assessment lightens. Economic activity proof isn’t mandatory upfront. But CIPC can still ask. Property ownership simplifies things—title deeds suffice. Courts override all. Assess honestly. Wrong moves waste time and cash.
How to Reinstate a Deregistered Company: Step-by-Step Process
Here’s the playbook. Follow it closely.
- Check Funds: Deposit R200 into the CIPC bank account. Use the six-digit customer code as reference. Details are on CIPC’s site—Standard Bank, account 10089497279, branch 010645. No funds, no progress.
- Gather Documents: Form CoR40.5 kicks it off—download it from CIPC’s portal. Fill it out. Attach certified ID copies of the applicant and all directors. Include a mandate letter if someone’s filing on behalf. Proof of activity or property? Optional since 2022, but keep it ready—12 months of bank statements or title deeds.
- Submit: Email everything to re-instatements@cipc.co.za. One email, all files in PDF or TIFF. Multiple emails confuse the system. Track progress on CIPC’s site under “Document Status.”
- File Returns: Once CoR40.5 processes, the status shifts to “reinstatement in progress.” File all overdue annual returns via annualreturns.cipc.co.za. Fees vary—R150 for small companies, up to R4,000 for large ones per year. Miss this within 30 days? Deregistration strikes again.
- Finalize: Returns filed, status flips to “in business.” Legal personality restores. Done.
Mistakes derail this. Wrong file formats? Rejected. Missing IDs? Delayed. Annual returns skipped? Back to square one. Precision matters.
Court Order Route
No eligibility proof? Court’s the answer for how to reinstate a deregistered company. Creditors or third parties often go this way. It’s free—no R200 fee. But legal fees stack up. Process is simple. Obtain a court order reinstating the company. Email it to corporatelegalservices@cipc.co.za with supporting docs—per Practice Notes 4 and 5 of 2016, all in PDF or TIFF, one email. CIPC’s processing unit takes over. Court orders trump standard applications. No annual return backlog blocks it. Status shifts to “in business” faster. But courts demand solid reasons—creditor claims, property disputes, or legal necessity. Lawyers help here. Costs vary—R5,000 to R20,000 depending on complexity. Worth it for high-stakes cases.
Costs and Timelines
Reinstatement isn’t cheap. R200 starts it. Annual returns pile on—R150 per year for turnovers under R1 million, R4,000 for over R25 million. Five years overdue? That’s R750 to R20,000 extra. Court orders dodge the fee but bring legal bills. New registration? R175 total. Numbers don’t lie.
Timelines shift. Standard process takes 15–30 days for CoR40.5, plus weeks for returns. Delays—missing docs or payment—stretch it. Courts? Faster if urgent—days to weeks. New company? Registered in 48 hours. Urgency dictates the pick.
Troubleshooting Tips
Problems hit when figuring out how to reinstate a deregistered company. Application rejected? Check file formats—PDF or TIFF only. Funds not reflecting? Verify the customer code. Returns not filing? Ensure the entity’s representative submits. Court order stalled? Confirm email delivery. CIPC’s helpline (086 100 2472) clears snags. Keep records. Lost bank statements? Banks reissue. No deed search? Online tools like WinDeed help. Proactive fixes save headaches.
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Conclusion
How to reinstate a deregistered company isn’t a riddle—it’s a process. Over 800,000 South African businesses faced deregistration in 2025, but reinstatement offers revival. Eligibility hinges on activity, property, or courts. Costs and timelines vary. Steps demand focus—R200, CoR40.5, returns. Courts skip fees but not effort. New registration tempts with simplicity. For professionals, this guide lays it bare. Act fast, act right, and the company lives again.
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