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CIPC Disqualified Director Register

Directors declared delinquent in terms of S162 of the Companies Act, no. 71 of 2008, are registered as such on the Companies and Intellectual Property Commission (”CIPC”) records. For more information on director misconduct and the avenues to address this as well as declaring a director delinquent, see our guidance note on Director Misconduct

The CIPC allows registered customers (registering a profile on the CIPC is free) to search companies and individuals. In order to search and consider an individual’s directorship history and/or whether he/she has been declared a delinquent director you need the individual’s RSA ID number or passport number. We have provided below an extract from the Director Misconduct paper showing you step by step how to access the Disqualified Director Register.

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guide on how to access the CIPC DDR

 

Section 69(3) of the Companies Act provides that a company cannot knowingly permit an ineligible or disqualified person to serve as a director. A search on the Disqualified Director Register as well as criminal and reference checks must be part of the nominations process before an individual is appointed on the board. Refer to the IoDSA guidance paper on Director Due Diligence for further information on what to look for before appointing a director and/or a director taking up a board position.