Discovering that your company has been deregistered by CIPC is stressful — but in most cases, reinstatement is possible. This guide walks you through every step of the process, from understanding your current status to submitting your application and getting your company back on the register.
First: understand the difference between deregistration stages
Not every company that appears to be deregistered has actually been removed from the CIPC register. There are two distinct stages in the deregistration process, and the action you need to take depends entirely on which stage your company is in.
AR Deregistration (not final — just file your returns)
If your company's status shows as “AR Deregistration” on the CIPC register, this means the process has started but your company has not yet been finally removed. CIPC initiates this status when a company fails to file its annual returns for two or more consecutive years. At this stage, you do not need to apply for reinstatement. Simply file all outstanding annual returns and your Beneficial Ownership declaration through the CIPC eServices portal, and your status will revert to active.
AR Final Deregistered (reinstatement application required)
If your company's status shows as AR Final Deregistered, the deregistration is complete. Your company has been removed from the register, it no longer has legal standing, and it cannot enter into contracts, open bank accounts, or trade. To restore the company, you must submit a formal reinstatement application to CIPC under Companies Act Section 82(4).
Check your company's current CIPC status
Before taking any action, you need to confirm exactly where your company stands. The steps you take for “AR Deregistration” are completely different from those required for AR Final Deregistered — and acting on the wrong assumption wastes time and money.
Who can apply for reinstatement
Under the Companies Act, a reinstatement application is not limited to the company's directors. The following parties may apply to have a deregistered company restored to the register:
Directors of the deregistered company are the most common applicants. They must demonstrate that the company was carrying on business or had assets at the time of deregistration. Former shareholders, members, and officers of the company may also apply if they have a legitimate interest in the company being restored.
Creditors who are owed money by the deregistered company have standing to apply — typically through the court route — so that they can pursue claims against the company. Any other interested third party, including parties involved in legal proceedings with the company, may apply through a court order if they can demonstrate sufficient interest.
The critical eligibility question: was your company active?
This is the single most important factor in whether CIPC will approve your application. You must prove that your company was carrying on business or owned property at the time of deregistration. Without this evidence, CIPC will reject the application outright.
The strongest evidence is bank statements covering at least six months before and six months after the deregistration date. These statements must show business transactions — incoming revenue, outgoing payments to suppliers, salary payments, or other commercial activity. CIPC needs to see that the company was genuinely operational when it was removed from the register, not simply dormant with an open bank account.
Supporting documents such as invoices, contracts, tax returns, and supplier agreements strengthen your application. If your company owned property or significant assets at the time of deregistration, title deeds or asset registers serve as additional proof of eligibility.
If your company was dormant with no assets and no trading activity at the time of deregistration, reinstatement is unlikely to be approved. In this case, it is more practical — and significantly faster — to register a new company instead.
The two reinstatement routes
Route 1: Direct CIPC application
This is the standard route for directors seeking to restore a company that was trading at the time of deregistration. The process involves five steps.
Step 1: Gather your documents. You will need a completed Form COR40.5 (the official reinstatement application form, available on the CIPC website), a certified copy of the applicant's ID, proof that the company was carrying on business at the time of deregistration (bank statements are essential), and a letter from the applicant explaining why reinstatement is sought.
Step 2: Pay the R200 reinstatement fee. Payment is made through the CIPC eServices portal using your customer code. Keep the proof of payment — you will need to include it with your application.
Step 3: Submit to reinstatements@cipc.co.za. Email the completed Form COR40.5, all supporting documents, and proof of payment to CIPC's dedicated reinstatement email address. Use a clear subject line that includes the company name and registration number.
Step 4: File outstanding returns within 30 days. Once CIPC acknowledges receipt, you have 30 business days to file all outstanding annual returns and Beneficial Ownership declaration submissions. Each outstanding annual return carries its own filing fee, so budget accordingly — companies that have been deregistered for several years may owe multiple years of returns.
Step 5: Confirm company name availability. If another entity has registered a name identical or confusingly similar to your deregistered company's name during the deregistration period, CIPC may require you to adopt a new name as a condition of reinstatement.
Route 2: Court order reinstatement
The court route is necessary when a direct CIPC application is not available or has been rejected. This typically applies in three scenarios: a creditor is seeking reinstatement to pursue a claim against the company, a previous direct application to CIPC was rejected and the applicant believes the rejection was incorrect, or there are active legal proceedings that require the company to exist as a legal entity.
A court application under Companies Act Section 82(4) requires legal representation. The applicant must file papers with the High Court demonstrating why reinstatement is just and equitable. The court will consider whether the company was trading, whether creditors or other parties would be prejudiced, and whether reinstatement serves a legitimate purpose. If the court order is granted, CIPC is obliged to restore the company to the register.
Court-driven reinstatement is significantly more expensive and time-consuming than the direct CIPC route. Legal fees, court filing costs, and the time required for a hearing date mean this process can take several months and cost tens of thousands of rands.
How long reinstatement takes
CIPC's published processing time for direct reinstatement applications is 15 to 21 working days from receipt of a complete application. In practice, this timeline assumes that all documents are correctly submitted, the R200 reinstatement fee has been paid, and no queries arise during processing.
Delays are common when applications are incomplete, when bank statements do not adequately demonstrate trading activity, or when there are name conflicts with existing entities. Budget four to six weeks from initial submission to final confirmation to account for potential queries and resubmissions.
Court-driven reinstatement takes considerably longer — typically three to six months depending on the court's schedule and the complexity of the matter.
What reinstatement does and does not do
Reinstatement restores your company's legal existence on the CIPC register. It is treated as if the company was never deregistered for the purposes of its ongoing obligations and rights. The company regains its legal standing, can enter into contracts, and can resume trading.
However, reinstatement does not erase the deregistration period. Any contracts entered into while the company was deregistered remain legally void. Reinstatement does not automatically reopen bank accounts — banks make independent decisions and you will need to approach your bank separately with the reinstated CIPC documents.
Reinstatement does not update SARS records automatically. You will need to contact SARS separately to reactivate your tax registrations and file any outstanding returns. Reinstatement also does not remove any personal liability that directors may have incurred during the deregistration period. If directors traded on behalf of a deregistered company, they may be personally liable for obligations incurred during that time.
Reinstatement vs registering a new company
This is a practical question that many business owners face, and the honest answer is that reinstatement is not always the better option. Here is when each route makes more sense.
Reinstatement is the right choice when the deregistered company holds assets, contracts, or licences that cannot easily be transferred to a new entity. It is also the right choice when the company has an established reputation or brand that is tied to its registration, when there are pending legal matters that require the original entity to exist, or when tax numbers and SARS history need to be preserved.
Registering a new company is the better option when the deregistered company was dormant with no assets, when the cost and time of reinstatement exceed the cost of a new registration, when there is no commercial reason to preserve the original entity, or when the company has significant outstanding debts or compliance failures that would follow it upon reinstatement.
A new company registration through CIPC costs as little as R175 and can be completed in one to three business days. Compare this to the R200 reinstatement fee plus multiple years of outstanding annual returns fees, a processing time of four to six weeks, and the administrative burden of compiling supporting documents.
How to prevent deregistration from happening again
The most common cause of deregistration is simply failing to file annual returns on time. CIPC initiates the deregistration process automatically when a company misses two or more consecutive annual return filings. The second most common trigger is failing to file your Beneficial Ownership declaration — a requirement introduced in recent years that many company owners are still not aware of.
The simplest way to prevent deregistration is to track your filing deadlines and act on them before they pass. ClearComply monitors your CIPC compliance status automatically and sends reminders before every deadline — so you never miss an annual return or BO declaration filing again.
Frequently asked questions
My company shows “AR Deregistration” — is it finally deregistered?
No. “AR Deregistration” means CIPC has started the deregistration process but your company has not yet been finally removed from the register. File your outstanding annual returns and Beneficial Ownership declaration through the CIPC eServices portal to revert your status to active.
Can I trade while my company is being reinstated?
No. Until reinstatement is confirmed and all outstanding filings accepted, the company has no legal standing. Contracts entered into during this period are legally void. Directors who trade on behalf of a deregistered company risk being held personally liable for any obligations incurred.
My bank closed my company's account after deregistration. Will reinstatement reopen it?
No. Banks make their own decisions independently of CIPC. Once your company is reinstated, take the updated CIPC documents to your bank and apply to reopen the account. There is no guarantee the bank will agree — they will conduct their own due diligence before reopening.
A creditor says they are applying to reinstate my deregistered company to sue me. Is this possible?
Yes. Under Companies Act Section 82(4), any interested person — including creditors — may apply for reinstatement. This is typically a court-driven process. If a creditor obtains a court order for reinstatement, CIPC is obliged to restore the company to the register. Seek legal advice immediately if you receive notice of such an application.
What happens to assets the company owned when it was deregistered?
Upon final deregistration, the company's assets are deemed to belong to the state. They are effectively frozen — no one can deal with them lawfully. Reinstatement restores ownership of those assets to the company. If significant assets are involved — property, vehicles, intellectual property — confirm the position with a corporate attorney before and after the reinstatement process.