Nwanda Internal news

Nwanda Incorporated welcomes the following employee:

  • Rabia Sarwar – Trainee Accountant

Staff lunch: 28 June 2013@ Italian Club (Bedfordview )
The staff enjoyed different kinds of pizza’s the Italian style!

Mandela Day:
67 minutes- On Wednesday the Staff went out to different charity organisations donating food parcels, stationery, paints as well as painting walls.

Thank you to Philip Redl from Jacks Paint (Bedfordview) for their Donation and Makro (Edenvale) for their support.

Protect yourself and your children: STOP HARASSMENT like this…

B_003Before the commencement of the Protection against Harassment Act 17 of 2011 came into operation on 27 April 2013, an order for the protection against harassment was lengthy and costly.

The position drastically took a change since.

The main idea and purpose behind the Act was to provide some form of ease to the needy and poor – those who are not able to afford a hot-shot lawyer and those who are not in a fortunate financial position to make a change.

According to a previous recorded case, one of the first cases in which the order was granted, it only took 5 hours to obtain the temporary protection order but with minimal effort and cost.

However, before the question of how the application can be made is answered it must be established what conduct qualifies as harassment.

Harassment is most generally described as an action/ conduct which is according to the reasonable person considered to be offensive and harmful in all or one of the following ways : psychologically, physically, economically or intellectually. This would most probably result in damage being suffered as a result of the above mentioned by the victim.

Furthermore, harassment would include act such as spying on the person, following the person or even sending continuous Sims’s, emails and letters which has the effect of duress or blackmailing another.

A fine distinction has to be made between messages sent during the midnight hours which would merely be indicative of a confession of love and messages sent during the midnight hours which amount to sexual harassment which causes embarrassment.

The enactment of the new Act also ensures that “cyberbullies” will be stopped before causing harm to another. These people are those considered to placing explicit videos or photos of others on the social networks without their permission.

This brings us to the most feared form of harassment, being the harassment of your child. This can occur by way of threats against your child, or even confrontations which places the child in uncomfortable situations and which pose to be traumatising to such a child. The Act now provides that the parent of such a child may now obtain a protection order against the wrongdoer in order to ensure the general wellbeing of the child.

The new Act even makes it possible to obtain a protection order against harassment where the wrongdoer is unknown. The Police will be ordered by the court to conduct an investigation into the matter in an attempt to ascertain the identity of the wrongdoer. This is a vital part of the Act as it is indicative of the other very important driving force behind the enactment of the Act.

Due to the fact that technology is developing so rapidly, electronic harassment has become very popular especially with the schoolchildren. It’s a powerful way of causing duress and intimidating another.

In this case, where the identity is not known, again, the court will order the service provider to reveal the identity of such a wrongdoer.

The new Act was designed to target electronic harassment in the same quick application for an order as general harassment.

The form is as follows:

  1. When a person is being harassed, such a victim must merely go to the closest Magistrates Court , however it must be within the vicinity in which the act of harassment took place or within the vicinity of the wrongdoers residential address, and complete a Affidavit under Oath.
  2. Important to take note of is that the order will only be a temporary order and it will only be granted should the action cause the victim to suffer damages or harm.
  3. An application for the final protection order will be the next step. It will be served on the wrongdoer, notifying him/her of the date on which the application for the final order will be heard.
  4. Should such an order be made final a wrongdoer fails to comply with the provisions therein, the Police may be called upon for help. In this case such a wrongdoer will be arrested and will be punished with a fine and/or imprisonment not exceeding 5 years.

Should a person lay a false charge of harassment, such a person may be charged in the same way as set out above.

In conclusion…

The purpose of the new Act is to stop general harassment which mostly leads to damages cause. In most of these cases, up until 27 April 2013, these victims were left with no option, but now the Act makes provision for anyone who cannot afford legal assistance to seek a order for Protection against Harassment for him/herself and his/her children.

Our Constitution exemplifies that the child’s best interest is of utmost importance in any matter concerning a child therefore harassment of any child will be considered as serious in nature.

There exists a duty on every person to protect him/herself as well as his/her child by simply reporting to the clerk of the civil court in the closest Magistrate Court in order to obtain such an order.

The new Act hopes to make this a reality and hereby decreasing the counts of reported harassment through a process considered to be much faster and easier.

This article is a general information sheet and should not be used or relied on as professional advice. No liability can be accepted for any errors or omissions nor for any loss or damage arising from reliance upon any information herein. Always contact your financial adviser for specific and detailed advice.

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Why and how to pay CIPC annual fees

B_0021. Why do we have to lodge and pay annual returns?

The new Companies Act, no 71 of 2008, requires all companies (and close corporations) to submit an annual return to enable the CIPC to have on record the most relevant and recent information pertaining to that company. This annual return consists of a prescribed form that summarises the required information, together with the payment of the applicable annual fee.

The annual return must be lodged within 30 business days which follows the anniversary date of the incorporation date of the company.

2. The prescribed forms

The prescribed form CoR30.1 must be completed and can only be submitted online on the CIPC website.

The following compulsory information must be submitted together with the annual return or within 20 business days afterwards:

  • Certified copies of all the directors’ identity documents, AND
  • A copy of the latest audited financial statements, or properly completed form CoR30.2 in the case of a company (or close corporation) that is not required to file audited or independently reviewed annual financial statements.

3. The prescribed fees

The prescribed fees that are payable with the annual returns are:

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All persons lodging an annual return must first register as a customer on the CIPC website because a reference is required, irrespective of what payment method is used. The payment of the annual return amount may only be made via an electronic payment, preferably by credit card or alternatively, the amount can be deposited in the CIPC bank account. The reference number of the customer is required on any of these forms of payments to enable the CIPC to identify the company who is paying the annual return fee.

4. The consequences of non-lodging and payment of annual fees

If a company fails to submit the annual return by the due date, the following penalties will be levied by the CIPC:

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The CIPC will send a limited number of reminders to the company that fails to lodge and / or pay the applicable annual return. If the company still fails to submit the annual return, the CIPC will proceed to deregister the company. Even though it is possible, following new rules and practices by the CIPC, it is a lengthy and cumbersome process to restore a company that is classified as deregistered.

This article is a general information sheet and should not be used or relied on as professional advice. No liability can be accepted for any errors or omissions nor for any loss or damage arising from reliance upon any information herein. Always contact your financial adviser for specific and detailed advice.

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Requirements to restore a deregistered company

B_001There are various circumstances in which a company (or close corporation) can become deregistered at the CIPC.

  1. The company itself can apply for deregistration at the CIPC, for any number of reasons.
  2. If a company has not submitted and paid its annual returns for more than two successive years, the CIPC will inform such a company of the fact and the intention of the CIPC to deregister said company. If such a company does not take any steps to remedy the situation, the CIPC will proceed to finally deregister it.
  3. If the CIPC believes that the company has been inactive for seven or more years.

However, it is possible to restore such a company or close corporation which has been finally deregistered, but all outstanding information and annual returns (including the fees) will have to be lodged with the CIPC. An additional R200 prescribed re-instatement fee must also be paid.

Recently, the CIPC has set additional requirements to do this, which also impacts on the time, administration and cost to restore such a company. These requirements took effect from 1 November 2012.

The steps and requirements for the re-instatement process are:

  1. The proper application CoR40.5 form Application for Re-instatement of Deregistered Company must be completed and submitted, originally signed by the duly authorised person.
  2. A certified copy of the identity document of the applicant (director / member) must be submitted.
  3. A certified copy of the identity document of the person filing the application must be submitted.
  4. A Deed Search, reflecting the ownership of any immovable property (or not) by the company, must be obtained and submitted together with the application.
  5. If the company does in fact own any immovable property, a letter from National Treasury must be submitted, indicating that the department has no objection to the re-instatement of the company.
  6. Also, if the company does in fact own any immovable property, a letter from the Department of Public Works must be submitted, indicating that the department has no objection to the re-instatement of the company.
  7. An advertisement must be placed in a local newspaper where the business of the company is conducted, giving 21 days’ notice of the proposed application for re-instatement.
  8. If the deregistration was due to non-compliance with regards to annual returns, an affidavit indicating the reasons for the non-filing of annual returns must be submitted.
  9. If the company itself applied for deregistration, an affidavit indicating the reasons for the original request for deregistration must be submitted.
  10. 10. Sufficient documentary proof indicating that the company was in business or that it had any assets or liabilities at the time of deregistration must be submitted.
  11. All outstanding annual returns must be submitted and paid, along with any penalties.

Upon compliance of all of the above requirements, the CIPC will issue a notice to the company that it is restored.

This article is a general information sheet and should not be used or relied on as professional advice. No liability can be accepted for any errors or omissions nor for any loss or damage arising from reliance upon any information herein. Always contact your financial adviser for specific and detailed advice.

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