Limpopo Business Registration Regulations, 2015

Jurisdiction: South Africa · Limpopo
Citation: General Notice 99 of 2015
Primary work: Limpopo Business Registration Act, 2003
Date: 2 April 2015
Language: English
Type: Legislation
Download: Download PDF (270.0 KB)

Taxonomies

Subject areas > Business, Trade and Industry

Limpopo
South Africa

Limpopo Business Registration Act, 2003

Limpopo Business Registration Regulations, 2015

General Notice 99 of 2015

Published in Limpopo Provincial Gazette 2492 on 2 April 2015
Commenced on 2 April 2015
[This is the version of this document from 2 April 2015 and includes any amendments published up to 5 April 2024.]

The Member of Executive Council responsible for business registration has under section 15(1) and (2) of the Limpopo Business Registration Act, 2003 (Act No. 5 of 2003), made the Regulations in the Schedule.

1. Definitions

In these regulations any expression or word to which a meaning has been assigned in terms of section 1 of the Limpopo Business Registration Act, 2003 (Act No. 5 of 2003), retains that meaning and in addition —"Business Regulator" means the Business Regulator of the Limpopo Directorate of Business Registration;"Committee" means a committee established in terms of regulation 2 of these Regulations; and"the Act" means the Limpopo Business Registration Act, 2003 (Act No. 5 of 2003).

2. Composition of committee

(1)The Municipal Manager of a Business Registration Centre, designated in terms of section 6(1) of the Act, must establish a committee responsible for business registration in that municipal area.

(2)The Municipal Manager must designate five officials to form the Committee and must appoint from that Committee two persons to serve as Chairperson and Deputy Chairperson.

(3)The Municipal Manager may co-opt other persons as may be necessary to assist the Committee.

(4)A person co-opted may not vote at any meetings of the Committee.

3. Meetings of committee

(1)The committee must meet at least once a month.

(2)The Chairperson of the committee —

(a)must determine the time and place of the first meeting of the committee and thereafter the committee may meet at such time and place as the committee may from time to time determine for the expeditious conducting of its business; and

(b)may at any time, on reasonable notice, convene an extraordinary meeting of the committee to be held at a time and place determined by the Chairperson.

(3)The committee may determine its own proceedings at meetings in so far as the proceedings have not been prescribed by these Regulations.

(4)The quorum for a meeting of the committee is three members of the committee.

(5)A decision of the committee is taken by a majority of the votes of the members present at a meeting of the committee.

(6)Where there is an equality of votes, the Chairperson has a casting vote in addition to the deliberative vote.

(7)Minutes of the proceedings of every meeting of the committee must be kept and be retained at the offices of the municipality.

(8)A member of the committee may not —

(a)engage in an activity that may undermine the integrity of the committee;

(b)attend, participate in or influence the proceedings during a meeting of the committee if, in relation to the matter before the committee, that member has an interest that precludes that member from performing the duties of a member of the committee in a fair, unbiased and proper manner;

(c)vote at a meeting of the committee in connection with a matter contemplated in paragraph (b);

(d)make private use of, or profit from, any confidential information obtained as a result of performing that member’s duties as a member of the committee; or

(e)divulge any information referred to in paragraph (d) to a third party, except as required as part of that member’s official functions.

(9)If, at any time, it appears to a member of the committee that a matter before the committee concerns an interest of that member as referred to in sub-regulation (8), the member must —

(a)immediately and fully disclose the nature of that interest to the meeting; and

(b)recuse himself or herself from the meeting to allow the remaining members to discuss the matter and determine whether that member should be prohibited from participating in any further proceedings concerning the matter.

(10)A disclosure by a member in terms of sub-regulation (9) and the decision by the committee, must be recorded in the minutes of the meeting.

4. Registration of business

(1)A person who must register a business in terms of section 10 of the Act, must lodge an application in the format of Form 1, accompanied by —

(a)documents specified in Form 1; and

(b)proof that the prescribed application fees were paid.

(2)Where an application in terms of sub-regulation (1) has been lodged with the Business Registration Centre and the Committee is satisfied that the applicant has complied with the requirements of section 10(4) of the Act, the Business Registration Centre must issue the applicant with a business registration certificate in the format of Form 2.

(3)A person who —

(a)must renew a business registration certificate in terms of section 10(5) of the Act must lodge an application for the renewal of a business registration certificate in the format of Form 3 with proof that the prescribed renewal fees were paid; or

(b)wishes to extend the validity of a business registration certificate in terms of section 10(6) of the Act must lodge an application for extension in the format of Form 4 with proof that the prescribed extension fees were paid.

5. Transfer of business registration certificate

(1)When the owner of a registered business alienates that business, the new owner must lodge an application in the format of Form 5 to transfer the business registration certificate.

(2)Where an application in terms of sub-regulation (1) has been lodged and the Committee is satisfied that the applicant has complied with the requirements of the Act, the Business Registration Centre must issue a business registration certificate.

(3)A certificate issued in terms of sub-regulation (2), must have the same certificate number as the certificate that was previously issued by the Business Registration Centre.

6. Alteration of business interests

When the controlling interest of a business is altered, the person in control of that business must, within 21 working days, notify the Business Registration Centre thereof.

7. Business register

(1)The Business Regulator and Business Registration Centre must keep and maintain a business registration register in the format of Form 6 of businesses registered in the province.

(2)When a business that is registered in terms of the Act —

(a)changes the name or address; or

(b)ceases to operate for whatever reason,

the person in control of the business must, within 21 working days after such change or ceasing of the operation, notify the Business Registration Centre.

(3)The Business Registration Centre must, on a monthly basis, submit a report to the Business Regulator, detailing any transfer, alteration of business interest or amendments made to the register.

8. Inspectors

(1)The Business Regulator must issue an inspector appointed in terms of section 8(1) of the Act with a certificate that must be in the format of Form 7.

(2)An inspector issuing —

(a)an admission of guilt fine; or

(b)a notice to appear in court,

in terms of the Act must do so in the format of Form 8.

(3)The inspector must forward a copy of the notice in terms of sub-regulation (2) to the clerk of the court.

9. Appeals

(1)A person aggrieved by a decision of the Business Registration Centre must within thirty days of being notified of such decision, appeal in terms of section 11(1) of the Act to the Limpopo Directorate of Business Registration.

(2)The Limpopo Directorate of Business Registration may, on good cause shown, condone the late lodging of an appeal.

(3)An appeal in terms of section 11(1) of the Act must include the following:

(a)a copy of the application for the Business Registration Certificate;

(b)a written statement on the grounds of appeal;

(c)the notice sent in terms of section 10(7)(a) of the Act; and

(d)any other information which is relevant to the appeal.

10. Offences and penalties

A person who —

(a)submits incorrect information on a form in terms of these regulations;

(b)refuses or fails to comply with any lawful demand by an inspector;

(c)refuses or fails without just cause to answer any question which an inspector has put to him or her in the exercise of the powers of an inspector;

(d)makes a statement to an inspector which is false or misleading, knowing it to be false or misleading;

(e)hinders or obstructs an inspector in the exercise, carrying out or performing of his or her duties, powers of functions; or

(f)falsely holds himself or herself out to be an inspector;

is guilty of an offence and is liable upon conviction to a fine or imprisonment.

11. Short title

These Regulations are the Limpopo Business Registration Regulations, 2015.

Form 1 (Regulation 4(1))

Application for business registration certificate

Limpopo Business Registration Act, 2003 (Act No. 5 of 2003)

Applicant details (A person who has been assigned powers by the applicant)

Full Name: ___________________________ Citizenship: ___________________________Id. No.: _____________________________ Contact No.: ___________________________Office No.: __________________________________________________________________________________________________________________________________________________________________________________________Interest in the Business (e.g. Attorney/Shareholder/Manager, etc.) ________________________Date: ____________________________________________

Personal details of owners/shareholders

Name	Identity No.	Age	Gender	Cetizenship	Signature

Percentage Shareholding of Previously Disadvantaged Designated Groups: ______________________________

Particulars of business

Name of business: ___________________________________________________________________________________CIPRO registration No. (lf Applicable): ______________________________________________________________Tax number (If Applicable): _________________________________________________________________________Business Type: (Annexure A, Reg...) ____________________________________ Code: _______________________Principal (Core) Business___________________________________________________________________________________Peripherals (Any Business activity other than the Principal Business)_______________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________Tel.: _________________________ Fax.: ___________________________ e-mail.: ________________________Physical Address: ____________________________________________________________________________________________________________________________________________ Code: _______________________Postal Address:_______________________________________________________________________________________________________________________________________________________________________ Code: ________________________Magistrate Office: _________________________________________________Estimated Number of Employment to be created: _____________________________________________________

For office use

Ref. No.: ___________________________ Code: _______________________________
Attachments:	(a) Proof of representation (if application is done by proxy)(b) Certified Identification Copy/Copies(c) Proof of permission to conduct business in the Republic of South Africa(c) CIPRO Registration Certificate (in case of juristic person)(d) Proof of compliance with specific field requirements(e) Proof of ownership of premises/Permission To Occupy/Lease Agreement(f) Proof of Payment(h) Recommendations from Local Authorities (e.g. Traditional Authority & Municipality)
__________________________________________Approved/not approvedComments____________________________________________________________________________________________________________________________________________________________________________Official stamp

Form 2 (Regulation 4(2))

Business registration certificate

Business Registration Act, 2003

Certificate to conduct Business in terms of Section 10 of the Limpopo Business Registration Act, 2003 (Act No. 5 of 2003)This is to certify that ____________________________________________________ (Name of Owner/Juristic Person) has been duly registered in terms of section 10 of the Limpopo Business Registration Act, 2003 (Act No. 5 of 2003) to conduct the following business activities:Principal business: _______________________________________________________________Peripherals: ____________________________________________________________________________________________________________________________________________________________________________________________________________________________________________at ________________________________________________________________________________(Premises) trading as ________________________________________________________________________(Trading Name)Certificate No.: __________________________________________ Date of issue: ___________________CCYY/MM/DDCode No.: ___________________________________________________________________________________________________________Business registration centre manager___________________________________________________________Official stamp

Form 3 (Regulation 4(3)(a))

Application for renewal of usiness registration certificate

Limpopo Business Registration Act, 2003 (Act No. 5 of 2003)

Personal details of proxy (A person who has been assigned powers by the applicant)

Personal details of owners/shareholders

Total Percentage Shareholding of Previously Disadvantaged Designated Groups: ____________________

Particulars of business

Name of business: ___________________________________________________________________________________Reference No.: __________________________________________________ Code: _____________________________CIPRO registration No. (lf Applicable): ______________________________________________________________Tax number (If Applicable): _________________________________________________________________________Business Type: (Annexure A, Reg...) ____________________________________ Code: _______________________Principal (Core) Business___________________________________________________________________________________Peripherals (Any Business activity other than the Principal Business)_______________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________Tel.: _________________________ Fax.: ___________________________ e-mail.: ________________________Physical Address: ____________________________________________________________________________________________________________________________________________ Code: _______________________Postal Address:_______________________________________________________________________________________________________________________________________________________________________ Code: ________________________Magistrate Office: _________________________________________________Number of Employment created: ______________________________________Estimated Number of new Employment to be created in the next 12 months: _______________

For office use

Ref. No.: ___________________________ Code: _______________________________
Attachments:	(a) Proof of representation (if renewed by proxy)(b) Compliance with Broad-Based Black Economic Empowerment Act(c) Proof of compliance with specific field requirements(d) Proof of Payment
__________________________________________Approved/not approvedComments____________________________________________________________________________________________________________________________________________________________________________Official stamp

Form 4 (Regulation 4(3)(b))

Extension of usiness registration certificate

Business Registration Act, 2003

Extension of Licence To Conduct Business issued in terms of Section 10 of the Limpopo Business Registration Act, 2003 (Act No. 5 of 2003)This is to certify that the validity of:Certificate No. ________________________________ for _____________________________________ (Name of Business) hasbeen extended for a period of __________ days from ________ /_____/________to ______ /________ /____________(Current expiry date) (Extended expiry date)Certificate No.: ____________ Date of Issue: ____________________________________ CCYY/MM/DDCode No.: _______________________________________________________________________________Business registration centre manager___________________________________________________________Official stamp

Form 5 (Regulation 5)

Application for transfer of business registration certificate

Limpopo Business Registration Act, 2003 (Act No. 5 of 2003)

Personal details of applicant (A person who has been assigned powers by the applicant)

Part A – Personal details of transferor

I/We the owner(s) of __________________________________________ have resolved to transfer ownership or the control of my/our business to the applicant mentioned in Part B here- below.

Name	Identity No.	Age	Gender	Cetizenship	Signature

Particulars of business

Name of business: ___________________________________________________________________________________Licence certificate No.: ____________________________________________________________________________CIPRO registration No. (lf Applicable): _____________________________________________________________Tax number (If Applicable): _________________________________________________________________________Business Type: (Annexure A, Reg...) ____________________________________ Code: _______________________Principal (Core) Business___________________________________________________________________________________Peripherals (Any Business activity other than the Principal Business)_______________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________Tel.: _________________________ Fax.: ___________________________ e-mail.: ________________________Physical Address: ____________________________________________________________________________________________________________________________________________ Code: _______________________Postal Address:_______________________________________________________________________________________________________________________________________________________________________ Code: ________________________Magistrate Office: _________________________________________________

Part B – Particulars of the transferee

Name	Identity No.	Age	Gender	Cetizenship	Signature

Part C – New particulars of business (If applicable)

Name of business: ________________________________________CIPRO registration No.: ___________________________________ Tax No.: ________________Estimated number of new employment to be created in the next 12 months: _____________

For office use

Ref. No.: ___________________________ Code: _______________________________
Attachments:	(a) Proof of representation (if application is done by proxy)(b) Certified Identification Copy/Copies(c) Proof of permission to conduct business in the Republic of South Africa(c) CIPRO Registration Certificate (in case of juristic person)(d) Proof of compliance with specific field requirements(e) Proof of ownership of premises/Permission To Occupy/Lease Agreement(f) Proof of Payment(h) Recommendations from Local Authorities (e.g. Traditional Authority & Municipality)
__________________________________________Approved/not approvedComments____________________________________________________________________________________________________________________________________________________________________________Official stamp

Form 6 (Regulation 7)

Business register

Limpopo Business Registration Act, 2003 (Act No. 5 of 2003)

Full Name: ___________________________ Citizenship: ___________________________Id. No.: _____________________________ Contact No.: ___________________________

Particulars of business

Name of business: ___________________________________________________________________________________CIPRO registration No. (lf Applicable): _________________________________________________________Tax number (If Applicable): _____________________________________________________________________Certificate No. ________________________________________ Date of Issue _____________________________Business Type: (Annexure A, Reg...) ____________________________________ Code: _______________________Principal (Core) Business___________________________________________________________________________________Tel.: _________________________ Fax.: ___________________________ e-mail.: ________________________Physical Address: ____________________________________________________________________________________________________________________________________________ Code: _______________________Postal Address:_______________________________________________________________________________________________________________________________________________________________________ Code: ________________________Magistrate Office: _________________________________________________

Staff composition

Number of employees	Race	Age	Gender	Citizenship	Disability	Permanent/temporary

__________________________________________________________Business registration centre manager___________________________________________________________Official stamp

Form 7 (Regulation 8)

Inspector appointment certificate

Limpopo Business Registration Act, 2003 (Act No. 5 of 2003)

Certificate of Appointment as Inspector issued in terms of section 8 of Limpopo Business Registration Act, 2003 (Act No. 5 of 2003)This is to certify that_______________________________________________________________(Names and Surname)_______________________________________________________________(Identity number)has been duly appointed as Inspector in terms of section 8 of the Limpopo Business Registration Act, 2003 (Act No. 5 of 2003) in respect of ___________________________________Business Registration Centre for the area of jurisdiction of ____________________Effective date: _____________________________________________________________________________________________Business registration centre__________________________________________Date__________________________________________Business Regulator

Form 8 (Regulation 8(2))

Admission of guilt/notice to appear in court

Limpopo Business Registration Act, 2003 (Act No. 5 of 2003)

Written notice to appear in court

Written notice to appear in court issued in terms section 9(2) of the Limpopo Business Registration Act, (Act No. 5 of 2003)

Section A

Surname _____________________________________ Names_____________________Identity No. ________________________________ Sex |Male|Female|_______________________ Age__________________yrsAddress__________________________________________________________________Tel./Cell No. __________________________________________

Section B

Name of business________________________________________________________Address_________________________________________________________________Tel. _____________________________________ Registration No. _______________________

Section C

You are hereby called upon in terms of section 9(2) of the Limpopo Business Registration Act, 2003 (Act No. 5 of 2003) to appear before the court on the date of trial mentioned below at 09h00 and to remain in attendance there to answer the following charge(s) -Charge 1: __________________________________________________________________Charge 2: __________________________________________________________________Charge 3: __________________________________________________________________or such other charge(s) as the Prosecutor may bring against you. On the grounds that upon or about the____day of____20_______at or near___________________________________________________________________________________In the said district you did wrongfully and unlawfully __________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________

Section D

Date and place where you are personally to appear in court

Date of trial	Day	Month	Year

Place
Court

Section E

Date and place where admission of guilt fine may be paid to avoid appearance in court

Admission of guilt fine of __________________Charge 1 RCharge 2 RCharge 3 Rmay be paid on or before

Day	Month	Year

at any Business Registration Centre for the District of ____________________________________________

Section F

This serves to confirm that the original hereof was today handed to the abovementioned accused personally and the importance thereof was explained to him or her by -Name and Surname of Inspector___________________________________________________________Signature___________________________________ Place _________________________________Date ________________________________ Time____________________________________________

Business registration fees (Regulation 4 (2))

Limpopo Business Registration Act, 2003 (Act No. 5 of 2003)

Code	Type of business	Application fee	Registration fee	Annual renewal fee
251	Stone quarrying, clay and sand-pits	R100-00	R200-00	R240-00
3	Manufacturing	R100-00	R300-00	R360-00
412	Manufacturing and distribution of gas	R100-00	R200-00	R240-00
50	Construction	R100-00	R300-00	R360-00
61	Wholesale: Sale to publicSells to retailersSells to both public and, Retailers	R100-00	R500-00R500-00R500-00	R600-00R600-00R600-00
621	General trade (General Dealer)	R100-00	R200-00	R240-00
622	Retail trade in food, beverages and tobacco	R100-00	R200-00	R240-00
623	Other retail trade in new goods	R100-00	R200-00	R240-00
624	Retail trade in second-hand goods	R100-00	R200-00	R240-00
625	Retail trade not in stores	R100-00	R100-00	R120-00
626	Repair of personal and household goods	R100-00	R200-00	R240-00
631	Sale of motor vehicle	R100-00	R500-00	R600-00
632	Maintenance and repair of motor vehicles	R100-00	R200-00	R240-00
633	Sale of motor vehicle parts and accessories	R100-00	R200-00	R240-00
634	Sale, maintenance and repair of motor cycles and related parts and accessories	R100-00	R200-00	R240-00
635	Retail sale of automotive fuel	R100-00	R400-00	R480-00
641	Hotels accommodation,Camping sites andProvision of short-stay accommodation	R100-00	R400-00R100-00R300-00	R480-00R120-00R360-00
642	Restaurants, bars and canteens	R100-00	R200-00	R240-00
71	Land transport	R100-00	R200-00	R240-00
72	Water transport	R100-00	R200-00	R240-00
73	Air transport	R100-00	R200-00	R240-00
741	Supporting and auxiliary transport	R100-00	R400-00	R240-00
75	Post and Tele-communication	R100-00	R250-00	R240-00
81	Financial Intermediations	R100-00	R200-00	R240-00
84	Real Estate Activities	R100-00	R200-00	R480-00
85	Renting of machinery & Equipment	R100-00	R400-00	R300-00
86	Computer Related activities	R100-00	R400-00	R240-00
87	Research & Development	R100-00	R200-00	R240-00
881	Legal, accounting, bookkeeping and auditing activities, tax consultants, market research & public opinion research, business & management consultancy	R100-00	R200-00	R480-00
882	Architectural, Engineering and other Technical activities	R100-00	R200-00	R480-00
883	Advertising	R100-00	R200-00	R240-00
8891	Labour recruitment & provision of staff	R100-00	R200-00	R240-00
8892	Investigation and security activities	R100-00	R200-00	R240-00
8893	Building and Industrial Plant Cleaning activities	R100-00	R200-00	R240-00
8894	Photographic activities	R100-00	R200-00	R240-00
8895	Packaging activities	R100-00	R200-00	R240-00
8891	Credit Rating Agency activities	R100-00	R200-00	R240-00
88992	Debt Collecting Agency activities	R100-00	R200-00	R240-00
88993	Stenographic, Duplicating, Addressing, Mailing list and Similar activities	R100-00	R200-00	R240-00
920	Educational and Training activities	R100-00	R200-00	R240-00
931	Human Health activities	R100-00	R200-00	R240-00
932	Veterinary activities	R100-00	R200-00	R240-00
933	Social Work activities	R100-00	R200-00	R240-00
951	Activities of Business, Employers and Professional Organizations	R100-00	R200-00	R240-00
96	Recreational, Cultural & Sporting activities	R100-00	R200-00	R240-00
961	Motion Pictures, Radio, Television and other Entertainment activities	R100-00	R400-00	R480-00
962	News Agency activities	R100-00	R200-00	R240-00
9901	Washing and Dry-cleaning of textiles and for products	R100-00	R150-00	R180-00
9902	Hair-Dressing and other Beauty Treatment	R100-00	R200-00	R240-00
9903	Funeral and related activities	R100-00	R400-00	R480-00

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History of this document

02 April 2015 this version

Published in Limpopo Provincial Gazette 2492

Commenced

Cited documents 1

Legislation 1

Limpopo Business Registration Act, 2003

Limpopo Business Registration Regulations, 2015

Taxonomies

Limpopo Business Registration Regulations, 2015

General Notice 99 of 2015

1. Definitions

2. Composition of committee

3. Meetings of committee

4. Registration of business

5. Transfer of business registration certificate

6. Alteration of business interests

7. Business register

8. Inspectors

9. Appeals

10. Offences and penalties

11. Short title

Form 1 (Regulation 4(1))

Application for business registration certificate

Limpopo Business Registration Act, 2003 (Act No. 5 of 2003)

Applicant details (A person who has been assigned powers by the applicant)

Personal details of owners/shareholders

Particulars of business

For office use

Form 2 (Regulation 4(2))

Business registration certificate

Business Registration Act, 2003

Form 3 (Regulation 4(3)(a))

Application for renewal of usiness registration certificate

Limpopo Business Registration Act, 2003 (Act No. 5 of 2003)

Personal details of proxy (A person who has been assigned powers by the applicant)

Personal details of owners/shareholders

Particulars of business

For office use

Form 4 (Regulation 4(3)(b))

Extension of usiness registration certificate

Business Registration Act, 2003

Form 5 (Regulation 5)

Application for transfer of business registration certificate

Limpopo Business Registration Act, 2003 (Act No. 5 of 2003)

Personal details of applicant (A person who has been assigned powers by the applicant)

Part A – Personal details of transferor

Particulars of business

Part B – Particulars of the transferee

Part C – New particulars of business (If applicable)

For office use

Form 6 (Regulation 7)

Business register

Limpopo Business Registration Act, 2003 (Act No. 5 of 2003)

Particulars of business

Staff composition

Form 7 (Regulation 8)

Inspector appointment certificate

Limpopo Business Registration Act, 2003 (Act No. 5 of 2003)

Form 8 (Regulation 8(2))

Admission of guilt/notice to appear in court

Limpopo Business Registration Act, 2003 (Act No. 5 of 2003)

Written notice to appear in court

Section A

Section B

Section C

Section D

Section E

Date and place where admission of guilt fine may be paid to avoid appearance in court

Section F

Business registration fees (Regulation 4 (2))

Limpopo Business Registration Act, 2003 (Act No. 5 of 2003)

History of this document

02 April 2015 this version

Cited documents 1

Legislation 1

Documents citing this one 0