Below is a story that highlights the products and services that CIPRO offers to the South African and International business community. It covers the entire registration process that a business may go through during their business life cycle.
Naledi, Kiran, Sizwe and Mpho previously worked for a giant IT company in Johannesburg. All 4 of them were from Mpumalanga and one December, they decided to form their own company in Mpumalanga.
Once they made their decision, things happened very quickly. There was a fortune to do to set up the company – a lot more than any of the four expected. They split up the responsibilities. Mpho and Sizwe would try and elicit support from their old customers, as well as find appropriate office premises and facilities. Naledi and Kiran would focus on all the legal and administrative tasks required to set up a business.
A friend told Kiran that she should go to CIPRO in order to register her business. She was slightly anxious as she has never opened up a business before. She thus went to the CIPRO website www.cipro.gov.za to find out more about what she needed to do.
The first thing that they needed to decide was the type of business entity that they wanted. Would it be a CC or a Private Company (Pty)?
After reading about the pros and cons of the different options on the CIPRO website, they decided that a CC would suit them best.
They then needed to decide on and register a name for their CC. CIPRO required that three alternative names are submitted. A great feature of the CIPRO website is a "name search" function. Kiran saved everybody a lot of time by using this online feature to check whether their selected names were available or not.
The team’s second choice of "Creation Consulting" was available. Kiran then completed the CK7 name registration form and paid a fee to reserve "Creation Consulting" as their name. Once CIPRO confirmed that the name was reserved, Kiran began the CC registration process. This involved the completion of the CK1 form. They could now also begin with a design of their logo and other sales material.
After a few weeks, CIPRO came back to her, with the Enterprise registration number and the Certificate of Registration. "Creation Consulting" was now an official trading entity. A Business Plan was being formulated whilst the registration of the company took place. This Business Plan identified the company’s services, its goals and objectives and the strategies that Creation Consulting will use to achieve their goals.
Kiran and Naledi then began the registration process with the SARS for the various taxes. They needed to obtain a VAT number, a UIF number, SDL number and an Income Tax number. At the same time Creation Consulting opened its first bank account.
While all of this was going on, Mpho and Sizwe were busy with sales and marketing. They rented space, furniture and computer services from an old colleague who had excess capacity and gave them a good deal to help get going.
Within a year Creation Consulting was becoming a recognized force in their industry. Their methods were being noted and in some cases mimicked by competitors. It was time to protect their assets. In the case of Creation Consulting, their biggest asset was their name and their intellectual property.
Kiran registered their logo as a trademark as it represented the strength of their brand. She protected their software through a patent, registered their software packaging as a protected design and ensured that all of her intellectual property had copyright.
Interested competitors approached Creation Consulting and in order to research the competitor structures, Naledi and Kiran looked at the "Disclosure of Corporate Information" section on the CIPRO website. Creation Consulting was not at this stage interested in merging or becoming a part of a bigger company.
The business was going so well, that liquidation or de-registration was never considered. In fact, expansion of the business was a real possibility. Creation Consulting did not have the cash required to fund the expansion so a third party financier was required. They spoke to several potential stakeholders such as the dti, the IDC and Khula.
For a checklist on what processes to follow, please see below.
Please Note: The checklist is a general description of the steps that a start-up company may follow. Registering for copyright, patents, trademarks and designs are not compulsory for every enterprise.
- Decide on the type of business entity that you wish to form – a CC or a Company.
- Think about your enterprise’s name and think about at least 2 other alternatives.
- Undertake a name search on CIPRO’s website to ensure that your preferred name has not been reserved by another enterprise.
- Reserve your name, by completing the relevant forms, available from CIPRO.
- Draw up your business plan.
- Await your enterprise registration number from CIPRO.
- After receiving your enterprise number, apply for your VAT number, income tax number, PAYE, SDL and UIF number from SARS.
- Register your logo as a trademark with CIPRO.
- Ensure that all of the enterprise’s intellectual property has copyright on them.
- If you have a unique product that you would
like to patent, register this as a patent with CIPRO.