Company Registration Companies In Gauteng
Burger Huyser Attorneys registers companies in Gauteng through its Commercial Law practice, handling entity selection (Pty Ltd, NPC, or Inc), name reservation, CIPC filing under the Companies Act 71 of 2008, Memorandum of Incorporation drafting, SARS income tax registration, and Beneficial Ownership filing. Registration itself runs centrally through the CIPC — it is a national filing, not a Gauteng-local court process — but the entity-type advice, MOI customisation, shareholders’ agreement, and post-incorporation tax and B-BBEE setup are where a law firm adds value beyond the online form-fillers. Most Pty Ltd registrations complete within 5–7 working days once the name reservation is approved, with priority turnaround of 3–5 working days available.
Why Use a Law Firm Rather Than an Online Form-Filler
The CIPC filing itself is identical regardless of who submits it — what differs is the legal work around the filing. Online form-filling services lodge a standard package; a multi-specialist firm like Burger Huyser Attorneys treats the registration as the front end of a commercial-law engagement.
The value the firm adds to the filing itself includes:
- Entity-type advice before a form is lodged — picking the wrong structure at incorporation is costly to undo later.
- A tailored Memorandum of Incorporation (MOI) drafted by the firm’s Commercial Law team, rather than the CIPC’s default template, with clauses that pre-empt shareholder disputes on director authority, transfer restrictions, drag/tag rights, and dispute resolution.
- A shareholders’ agreement drafted alongside the MOI — this private contract is not filed at CIPC but governs how the company runs once incorporated, and most form-fillers do not draft one.
- Concurrent SARS income tax registration, B-BBEE affidavit preparation, and COID setup bundled into a single engagement rather than sourced from three different providers.
- A briefing on director duties under section 76 of the Companies Act (acting in good faith, with due diligence and care, in the best interests of the company) — these duties attach from the moment of incorporation.
This is exactly the commercial-law work Burger Huyser Attorneys fields from its head office in Linden/Randburg under Specialist Consultant J’Retha van Rensburg and admitted attorney Mari Köhne, supported by the firm’s directors and branch network across Gauteng.
Choosing the Right Entity Type
Entity selection drives tax treatment, liability exposure, and who can sit on the board. The Companies Act 71 of 2008 defines the four structures most commonly registered in Gauteng:
| Entity | Best for | Directors | Shareholders / Members | Tax | Liability |
|---|---|---|---|---|---|
| Private Company (Pty Ltd) | Most for-profit businesses in SA | Minimum 1 director (must include at least 1 SA resident) | 1–50 shareholders; no minimum share capital | 27% corporate income tax | Limited — shareholders not liable for company debts |
| Non-Profit Company (NPC) | Charities, public-benefit organisations, Section 18A applicants | Minimum 3 directors | Members instead of shareholders; no profit distributions | May apply for tax exemption with SARS | Limited |
| Personal Liability Company (Inc) | Professional services firms (lawyers, accountants, architects) | Directors are jointly and severally liable for company debts | Usually professionals in the firm | 27% corporate income tax | Unlimited personal liability for directors on professional debts |
| Co-operative | Member-owned businesses, agricultural or community enterprises | Managed by a board elected by members | Members contribute capital and share in surplus | Co-operative-specific tax treatment | Limited |
Foreign nationals: at least one director must be a South African resident (someone living in SA for 6+ months per year), but that director does not have to hold South African citizenship. Foreign shareholders have no restrictions and can own 100% of a local company. Foreign directors must provide a valid passport and foreign proof of address.
The Registration Process, Step by Step
- Choose the entity type (Pty Ltd, NPC, Inc, or Co-operative) — the firm advises on the right fit during the first consultation.
- Reserve the company name with the CIPC on Form CoR9.1 — typically takes 1–2 business days; the name must not be identical or confusingly similar to an existing registered name.
- Prepare and certify the incorporation documents — certified ID copies of all directors and incorporators (SA ID, valid passport, or asylum document), proof of residential address not older than 3 months, and contact details for every director and shareholder.
- Lodge the registration with CIPC on Form CoR14.1 (for a standard Pty Ltd), together with the Memorandum of Incorporation; the firm drafts a tailored MOI rather than relying on the CIPC’s default template.
- Receive the Registration Certificate (CoR14.3) from CIPC — typically 5–7 working days after lodgement (priority turnaround 3–5 working days is available).
- Register the company for income tax with SARS (ITREG) and obtain the company income tax number — the firm submits this concurrently with incorporation.
- File the Beneficial Ownership (UBO) declaration with CIPC — mandatory under the Companies Act; non-compliance carries administrative penalties.
- Open a business bank account, register for VAT if the R1 million turnover threshold is anticipated, register for PAYE/UIF if staff will be employed, and register for COID if any employees will earn above the COID threshold.
- Draft a shareholders’ agreement (where there is more than one shareholder) — this is the firm’s value-add that an online form-filler does not provide.
The Memorandum of Incorporation — Where the Law Firm Does Its Real Work
The MOI is the company’s constitutional document and binds the company, its directors, and its shareholders from incorporation onward. A custom MOI can include:
- Restrictions on share transfers
- Pre-emptive rights on new share issues
- Quorum and voting thresholds
- Director appointment and removal mechanics
- Dispute resolution clauses
The CIPC provides a default MOI (Form CoR15.1A) that contains only the minimum statutory provisions — it leaves these commercial mechanics to be added. The firm’s Commercial Law practice treats the MOI as the foundation of the shareholders’ agreement; both documents are drafted together so they are internally consistent. This is the part of the engagement that a form-filler skips, and the part that most often determines whether a company survives its first shareholder dispute.
Post-Incorporation Compliance Setup
| Requirement | Trigger | What is filed |
|---|---|---|
| SARS income tax registration | At incorporation | ITREG application — issued concurrently with incorporation |
| CIPC annual return | Annually on the anniversary of incorporation | Annual return on the CIPC BizPortal — non-filing can trigger deregistration |
| Beneficial Ownership (UBO) filing | At incorporation and kept current | UBO declaration with CIPC — mandatory under the Companies Act |
| B-BBEE EME affidavit | Turnover under R10 million | EME affidavit and supporting documents prepared by the firm |
| COID (Workmen’s Compensation) registration | Once the company has employees | Letter of good standing from the Compensation Fund |
| VAT registration | Voluntary below R1 million turnover; compulsory once the threshold is met | VAT101 via SARS eFiling |
| Business bank account | As soon as the CoR14.3 is issued | Banks require the registration certificate, the MOI, certified IDs of directors, and a resolution authorising the account opening |
Cost and Timeline Considerations
Cost. The firm quotes per engagement rather than per form. A clean single-director, single-shareholder Pty Ltd with a tailored MOI is the simplest engagement; multi-shareholder companies with shareholders’ agreements, complex MOI clauses, and concurrent shareholders’ agreements take longer and cost more. Fees are confirmed in writing after the first consultation, once the scope is clear.
Timeline. Name reservation 1–2 business days; CIPC registration 5–7 working days (priority 3–5); SARS income tax number typically issued within the registration window. The total elapsed time from first consultation to an operational company is roughly 2–3 weeks.
What affects the timeline: accuracy of the certified ID documents, name availability, CIPC processing volume at the time of lodgement, and whether shareholder or director changes are required after the first drafts.
Filing Venue: A National CIPC Process, Not a Gauteng Court
Company registration in South Africa is not filed at the Gauteng Division of the High Court, the Johannesburg Magistrate’s Court, the Pretoria Magistrate’s Court, or any other local court. Every company registration is filed centrally with the Companies and Intellectual Property Commission (CIPC), a national regulator seated in Pretoria with Self Service Centres in Johannesburg, Pretoria, Durban and Cape Town. The CIPC contact centre (086 100 2472) handles name-availability searches and status enquiries; the High Court process becomes relevant only later, if a shareholder or director dispute ends up in litigation.
Burger Huyser Attorneys’ Commercial Law practice fields company-registration work from its head office at 49 First Avenue, Linden, Randburg (011 888 0246), with the Sandton branch (011 253 3080) as the practical secondary contact for Johannesburg-side directors, and the Pretoria/Menlyn (012 471 5700) and Centurion (012 644 4990) branches covering the Tshwane side of the corridor. Engagements are run centrally — the firm lodges with the CIPC from whichever branch the client finds most convenient, and the underlying legal work does not depend on which Gauteng branch the client walks into first.
Frequently Asked Questions
How much does it cost to register a company in Gauteng?
Fees depend on the engagement scope. Online form-fillers advertise Pty Ltd packages from around R800 to R1,450, which cover name reservation, CIPC filing, and SARS tax registration. Burger Huyser Attorneys quotes per engagement and the fee reflects the legal work around the filing — entity-type advice, a tailored Memorandum of Incorporation, and (where applicable) a shareholders’ agreement — rather than just the form-filling. The firm confirms the fee in writing after the first consultation at the Linden/Randburg head office (011 888 0246) or the Sandton, Pretoria, or Centurion branches.
How long does it take to register a Pty Ltd in Gauteng?
Name reservation with the CIPC takes 1–2 business days; once the name is approved, full Pty Ltd registration typically completes within 5–7 working days, with priority turnaround of 3–5 working days available. The SARS income tax number is generally issued within the same window. End-to-end, from first consultation to an operational company, expect roughly 2–3 weeks.
Do I need a lawyer to register a company, or can I do it myself?
You can lodge the registration yourself through the CIPC’s BizPortal — the CIPC publishes the forms and processes them. Most people who hire a service provider (law firm or otherwise) do so for the work around the filing: choosing the right entity type, drafting a tailored Memorandum of Incorporation rather than the CIPC default, putting a shareholders’ agreement in place where there is more than one shareholder, and setting up SARS, COID, and B-BBEE compliance concurrently.
What is the difference between a Pty Ltd, NPC, and Inc?
A Pty Ltd is the standard for-profit private company, taxed at 27% with limited liability for shareholders. An NPC (non-profit company) is for public-benefit organisations, has members instead of shareholders, cannot distribute profits, and can apply for tax exemption with SARS. An Inc (personal liability company) is for professional services firms (lawyers, accountants, architects) where the directors are personally liable for the company’s professional debts — it is a niche structure and most clients register as Pty Ltd.
Do I need a South African ID to register a company in Gauteng?
Not strictly — at least one director must be a South African resident (someone living in SA for 6+ months per year), but that director does not have to hold South African citizenship. Foreign nationals can use a valid passport together with proof of address from their home country. Foreign shareholders have no restrictions and can own 100% of a South African company.
What documents do I need to bring to the first consultation?
Certified ID copies of every director and incorporator (South African ID, valid passport, or asylum document), proof of residential address for each director not older than 3 months, contact details for all directors and shareholders, the proposed company name (with two or three alternatives), and a short note on what the company will do and whether there will be more than one shareholder. The firm will confirm the full checklist when the consultation is booked.
Where is Burger Huyser’s closest office for company registration work?
The firm’s Commercial Law practice fields company-registration work from the head office at 49 First Avenue, Linden, Randburg (011 888 0246). The Sandton (011 253 3080), Pretoria (012 471 5700), Centurion (012 644 4990), and Bedfordview (011 201 7190) branches are all available across Gauteng, and the engagement is run centrally regardless of which office you start at.
Register a company in Gauteng through Burger Huyser Attorneys’ Commercial Law practice. The firm drafts the Memorandum of Incorporation, prepares the shareholders’ agreement where needed, lodges the CIPC filing under the Companies Act 71 of 2008, registers the company for SARS income tax, and sets up B-BBEE and COID compliance — all under one engagement. Book an initial consultation through the head office at 49 First Avenue, Linden, Randburg on 011 888 0246, or via the Sandton (011 253 3080), Pretoria/Menlyn (012 471 5700), Centurion (012 644 4990), or Bedfordview (011 201 7190) branches. Burger Huyser Attorneys is rated 4.8/5 across 250+ Google reviews (Trustindex-verified “Top Rated Law Firm in South Africa”) and was named Commercial Law Firm of the Year 2025 – South Africa by the 5 Star Lawyers Awards. Managing Director Marni Huyser was recognised as Best Woman-Owned Specialist Law Firm 2026 – Johannesburg at the Acquisition International Influential Businesswoman Awards 2026.
General Information Disclaimer: This article describes Burger Huyser Attorneys’ company registration service in Gauteng and the general legal framework under the Companies Act 71 of 2008. It is general information, not legal advice for a specific registration or business structure choice. Entity-type selection, MOI clauses, shareholders’ agreement terms, and post-incorporation tax registration involve facts specific to your situation — confirm current CIPC filing fees, name-availability rules, and any SARS registration requirements directly with the regulator (cipc.co.za, contact centre 086 100 2472; sars.gov.za) before instructing.
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