Asked by the Customer on 22-03-2016 14:46:28
Question posted in the General Law category relating to KwaZulu-Natal
Question posted in the General Law category relating to KwaZulu-Natal
As a member of a Close Corporation with only 10 % shares, how would I be able to get hold of the original founding statement, association agreement or any buy or sell agreements that exist.
Message from the Attorney
Posted by Att. Patrick on 22-03-2016 15:03:25
Hi there,
The easiest way to go about this is to request that the close corporation's accountants provide you with a copy. They should have a copy on file from when the close corporation was originally registered. If the documents were ever amended, they should also have a copy on file - especially if they submitted the documents to CIPC on the close corporation's behalf.
The 90% shareholder may however tell the accountants NOT to assist you.
If that happens, then you will need to request the documents from CIPC yourself. There is a page here which details exactly how you do this. There is a small fee required, but generally they are quite quick with their reply.
Otherwise, you should sign up with www.searchworks.co.za who provides a similar (3rd party) service. Sometimes they are quicker than going straight to CIPC.
If there is a part of the answer which you need more advice on, or clarity please continue in this same thread instead of opening a new question.
Att. Patrick
Please remember this is a dialog if you have follow up questions please use the REPLY button and ask. If I did not answer the question you thought you were asking, please respond with the specific question you wanted answered. I hope you found my answer helpful, and you have finished asking your questions, please click on the GREEN ACCEPT button in order to mark the question as closed.
The easiest way to go about this is to request that the close corporation's accountants provide you with a copy. They should have a copy on file from when the close corporation was originally registered. If the documents were ever amended, they should also have a copy on file - especially if they submitted the documents to CIPC on the close corporation's behalf.
The 90% shareholder may however tell the accountants NOT to assist you.
If that happens, then you will need to request the documents from CIPC yourself. There is a page here which details exactly how you do this. There is a small fee required, but generally they are quite quick with their reply.
Otherwise, you should sign up with www.searchworks.co.za who provides a similar (3rd party) service. Sometimes they are quicker than going straight to CIPC.
If there is a part of the answer which you need more advice on, or clarity please continue in this same thread instead of opening a new question.
Att. Patrick
Please remember this is a dialog if you have follow up questions please use the REPLY button and ask. If I did not answer the question you thought you were asking, please respond with the specific question you wanted answered. I hope you found my answer helpful, and you have finished asking your questions, please click on the GREEN ACCEPT button in order to mark the question as closed.
Message from the Customer
Is there any way that you could access the documentation for me...?
Message from the Attorney
Posted by Att. Patrick on 22-03-2016 17:27:26
I'm afraid not. Apologies. At any rate, it'll take the same length of time if you request it or if I request it. Also, there's no way for me to "invoice" you for the charges that CIPC or SearchWorks will levy.
If you would like to view the entire answer, you will need to either login or register a FREE account.