These are companies that are registered to provide services and do not intend to make, or to be judged by, the profits that they make. These "Associations Not For Gain" are often funded by donations and foreign funding. Generally they provide services to various "communities" such as children's feeding schemes, organisations that take care of AIDS orphans, religious and charitable organisations ect.
These companies are registered in terms of
Section 21 of the Companies Act and are often referred to as "Section 21 Companies". A Section 21 company must have a minimum of 7 members and at least 2 directors.
Due to the complexity of the compilation of the Memorandum and Articles of a company, the services of a legal practitioner should be used in the preparation of the documentation.
Note: A Company Not For Gain is also referred to as an "Association Incorporated under Section 21"
The documentation for the registration of a "Company not for Gain" (Section 21 Company is as follows:
||Application for reservation of name
|CM22 (in duplicate)
||Notice of registered office and postal address
||Consent of registration of directors, auditors and officers
||Consent to act as an auditor
|Power of Attorney
||Authorisation to sign on behalf of
||Certification of additional copies of documents lodged (optional)
The following documents will make up the Memorandum and Articles of Association:
|Company limited by guarantee, or association
incorporated by Section 21
||CM3, CM4, CM4B, CM44, CM44B, CM44C Company
adopting Table B
Certificate of incorporation and memorandum of association and articles of
association in terms of the companies act.