Administrative Name Protection Withdrawn
In July 2010 and (again) in February 2011 the Companies and Intellectual Property Registration Office (CIPRO), as it then was, carried out bulk deregistrations of companies and close corporations that had failed to lodge their annual returns for a period of two successive years or longer. It was decided by CIPRO that the names of these deregistered entities would be “administratively protected”. This meant that it would not be possible for third parties to apply for the reservation of those names during the period of deregistration since, naturally, they would be retained by their owners once they had filed the outstanding annual returns and were re-instated onto the companies or close corporations register, as the case may be.
The decision has now been taken by the Companies and Intellectual Property Commission (CIPC) to withdraw the administrative name protection. All company and close corporation names which were under administrative protection will now be available for reservation by third parties if the (initial) owners are not re-instated.
Companies and close corporations that fail to lodge their annual returns as prescribed by legislation will continue to be deregistered by CIPC. Their names will also be open to reservation by third parties, subject to the condition that the (initial) owner of the name will be entitled to lodge an objection against the name reservation, which will be heard by the Companies Tribunal.
For further information please contact:
Reggie Dlamini or Annerie Bosman