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2. The external business may continue trading while it waits for its Co, R 20. 2 certificate. Foreign nationals need to seek expert advice when thinking about external business, as South Africa does not have dual taxation treaties with all countries. If the native land of the foreign entity is not a celebration to a double taxation treaty with South Africa, then the external company might end up paying income tax twice on the very same revenues, which will typically be fatal to the entity's prospects of success.
The Business Act 71 of 2008, as amended by Act 3 of 2011, governs the development of companies in South Africa. The most fundamental categorisation is the department between companies for profit and non-profit business. You Can Try This Source -profit companies (NPC) Non-profit companies are for the benefit of the general public. A minimum of 3 persons are necessary for incorporation and there are no securities to move to the general public.
For-profit business Companies for profit fall into the following classifications: state-owned companiesprivate companiespersonal liability companiespublic business. The unifying characteristic of all private business is that they intend to produce financial returns for shareholders. Beyond that, each has the following standard special qualities, listed below. State-owned companies An organ of the federal government owns these companies.
Private companies Private business involve several persons, should have at least one director, and might not offer its securities (shares or debentures) to members of the general public. When signed up, private business have '(Proprietary) Limited' or '(Pty) Ltd.' after their name. A private business must limit transferability of shares, and restrict the number of shareholders to 50.
Individual liability Personal liability companies involve one or more individuals and must have a minimum of one director; directors of these companies (whether past or present) are jointly and severally responsible for any debts and liabilities incurred by the business. These company types are registered by experts such as accountants, engineers and lawyers.
In the old companies act (1973 ), these types of companies were referred to as Area 53(b) business. Public business Public companies are permitted to offer their shares to the general public. Management of these companies is delegated to a board of directors. As soon as signed up, the company's name is followed by 'Limited' or 'Ltd.'.