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Doing business


Setting up a company | FDI in figures | Why you should choose to invest | Procedures relative to foreign investment | Finding assistance for further information

Setting up a company

Types of companies and capital (max/min) Number of partners/shareholders and liability
Private Limited Company
 
 
No legal limit
Minimum number is 1; while as the maximum number is 50.
 
 
Liability limited to the amount contributed.
Public Limited Company .
 
 
No legal limit
Minimum number is 7; while as there is no limit on the maximum number of members/shareholders.
 
 
The liability of a member is limited to the face value of the shares he owns
Close Corporation
 
 
No minimum capital.
1 partner
 
 
Liability is limited to the amount contributed.
Partnership
 
 
No minimum capital.
Minimum 2; Maximum 20 partners.
 
 
Liabiltity of the active partners is unlimited. Liability of the sleeping partner is limited to the amount contributed.
 
 

Business setup procedures

Setting up a company Νότια Αφρική Sub-Saharan Africa
Procedures (number) 6 8.9
Time (days) 22 45.2

πηγή: Doing Business.

 
For further information
Consult Doing Business Website, to know about procedures to start a Business in South Africa.
The Register of Commerce

1. a certified copy of the memorandum of association of the company,

2. a notice of the registered office and postal address of the company;

3. the consent of, and the name and address of, the auditor of the company in South Africa;

4. a notice of the name and address of the person resident in South Africa who is authorised by the company to accept, on the company's behalf, all service of processes and notices.

Thereafter, the Registrar will register the company, allocate a registration number to the company concerned and issue a certificate of registration to the company. Private companies do not have to lodge their annual financial statements with the Registrar. -->

The competent organization
Companies and Intellectual Property Registration Office

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FDI in figures

Foreign Direct Investment 200820092010
FDI of inward flow (millions USD) 9006.2968907745365.4437811553.019852
FDI inward stock (millions USD) 68006.5425117434.146341463132396.405090777
Performance Index*, ranking on 141 economies 80/14179/141-
Potential Index**, ranking on 141 economies 72/141--
Number of Greenfield investments*** 116108-
FDI inwards (in % of GFCF****) 14.48236395593964.00718636643809-
FDI stock (in % of GDP) 24.59984898268644.0227965148217-

πηγή:

Note: * The UNCTAD Inward FDI Performance index is based on a ratio of the country's share in global FDI inflows and its share in global GDP. ** The UNCTAD Inward FDI Potential index is based on 12 economic and structural variables such as GDP, foreign trade, FDI, infrastructures, energy use, R&D, education, country risk.*** Green field investments are a form of foreign direct investment where a parent company starts a new venture in a foreign country by constructing new operational facilities from the ground up. **** Gross fixed capital formation (GFCF) measures the value of additions to fixed assets purchased by business, government and households less disposals of fixed assets sold off or scrapped.

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Why you should choose to invest South Africa

Strong points
South Africa has high market potential, developed infrastructures and a reasonably competitive domestic economy. The country has put into place economic reforms, which have led to macro-economic stability, tax and customs reduction. It also has a large and active stock exchange.
South Africa has shifted from its traditional industries to production and financial services which are the main contributors to the GDP. Tourism and the retail sector have great potential.
Weak points
South Africa has a certain amount of weaknesses: High rate of criminal violence and corruption, a highly regulated labour market and poor or unclear regulations in some of the key sectors like telecommunications. These factors contribute negatively to foreign investment.
Government measures to motivate or restrict FDI
Nearly all the business sectors are open to foreign investors. No government approval is required, and there are almost no restrictions on the form or the extent of foreign investment. Other measures taken by the government are simple tax rules, investment incentives, a better regulatory policy on competition, protection of intellectual rights. We can quote :
- The Foreign Investment Grant up to 15% of the value of new machinery and equipment;
- The Skills Support Program which provides up to 50% of training costs and 30% of workers salaries;
- The Strategic Industrial Project program which offers tax allowances; and
- The Small and Medium Enterprise Development Program which offers tax free grants.

With 23.5% unemployment, Jacob Zuma recognising that the recession had delayed economic recovery and the private sector's capacity to create new opportunities, announced the remittance of some 303 million dollars in order to help company heads and employees who were in trouble due to the crisis.

Bilateral investment conventions signed by South Africa
South Africa is a signatory to 35 conventions. UNCTAD allows you to visualize the list of conventions signed by South Africa, and and to download these conventions.

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Procedures relative to foreign investment

Freedom of establishment
Guaranteed
Acquisition of holdings
Possible.

Companies have to appoint a South African resident as the company's legal representative. Moreover, foreign companies have to appoint an auditor.

Obligation to declare
No government approval is required for foreign investors to establish a new business or invest in South Africa apart from the approval required under the exchange control regulations.

The investor will be required to appoint a consultants, auditors, and/or legal advisors to register a company on his/her behalf. The company should be registered within 21days; it should also register for tax.

Competent organization for the declaration
South African Reserve Bank (SARB)
Requests for specific authorizations
Virtually all sectors are open to foreign investors. Very few restrictions apply only to foreign companies.

For example, a foreign bank establishing a branch in South Africa may be required to employ a certain minimum number of local residents in order to obtain a banking license and may be obliged to have a minimum capital base.

Restrictions also exist regarding the ownership of immovable property by foreign companies. Foreign companies are required to register as external companies before immovable property may be registered in their names.

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Finding assistance for further information

Investment aid agency
Trade and Investment South Africa (TISA)
The New Partnership for Africa's Development
Other useful resources
Doing business with South Africa
Economic Developments and Prospects in South Africa - African Economic Outlook

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