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30 March 2010
Checklist for doing business in
South Africa
J
JACOBSON ATTORNEYS
Partners: Paul Jacobson, Shirley Fodor (Consultants: David Bilchitz, Efi Bar-on (Israel), Tamaryn Watkins)
P O Box 189, Melrose Arch 2076 | T: 083 444 8260 | F: 086 683 1731 | E:paulj@jacobson.co.za
94 Athol Street, Highlands North, Johannesburg
webtechlaw.com
Jacobson Attorneys
J2
1973 Companies Act
NO.
DESCRIPTION – ESTABLISHING A SUBSIDIARY COMPANY
Y/N
1.
Draft memorandum of association in line with holding company
2.
Draft articles of association in line with holding company
3.
Appoint directors
4.
Issue shares
5.
Obtain SARB “non-resident” stamping on the share certificates
6.
Obtain SARB approvals for funding flows
7.
Open SA bank account – ensure all FICA documents are in order
NO.
DESCRIPTION – ESTABLISHING AN INDEPENDENT SA COMPANY
Y/N
1.
Draft memorandum of association in line with holding company
2.
Draft articles of association in line with holding company
3.
Appoint directors
4.
Issue shares
5.
Obtain SARB approvals for funding flows if funding is to be obtained
offshore
6.
Open SA bank account – ensure all FICA documents are in order
NO.
DESCRIPTION – ESTABLISHING AN EXTERNAL COMPANY
Y/N
1.
Obtain notarially executed translations of the home country founding
documents
2.
Appoint SA resident officer for purposes of domicilium
3.
Appoint directors
4.
Issue shares
5.
Obtain SARB “non-resident” stamping on the share certificates
6.
Obtain SARB approvals for funding flows if funding will be obtained
offshore
7.
Open SA Bank account- ensure all FICA documents are in order
In all instances the company will be deemed to be a South African company for income tax purposes and company
specific tax advice should be obtained prior to selecting any of the above company forms.
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