Business Services

Professional Public Officers for Your Company

Does your company need a Public Officer? GIA offers a simple, professional solution to your businesses legal and tax requirements.

Many people and businesses don’t know what a public officer is, so let’s have a look at the definition: A Public officer is elected or appointed to represent a company on tax and compliance issues and is answerable for all actions on behalf of the company. Every company conducting business or operating an office in South Africa must at all times be represented by a public officer. It makes sense to use GIA as your company’s Public Officer because we are the leading Offshore specialist company representing fortune of top 500 international companies and have expert knowledge of the South African legislative and financial landscape.

The Tax Administration Act 2011 (the TAA) sets out the requirements for the public officer of a company. A public officer is an individual who is residing in South Africa and must be a registered taxpayer with SARS. The individual representative who is approved by SARS must be a senior official of the company. Should the company not have a senior official residing in South Africa, then any suitable person can fulfill this role.

Furthermore the individual must be duly appointed as the public officer by the directors of the company within one month after it begins to carry on business or acquires an office in South Africa.

The public officer is responsible for all acts, matters or things relating to the company under the various tax Acts.

These duties could include the following:

attending to the various tax registrations such as VAT, payroll taxes, Customs and Excise;
attending to all tax matters of the entity, including submission of the tax returns for VAT, employees’ tax, employee tax reconciliations, income tax, dividends tax and provisional taxes;
the individual is also responsible for the timeous payment of taxes due to SARS; and
notifying SARS of any change of the registered particulars such as registered address, year-end change, name change and verifying bank details.

When it happens that the senior official or director who is appointed as the public officer resigns from the company, a new public officer must be appointed and SARS must be notified of the change within 21 business days of it taking effect.

Another practical aspect that is often overlooked occurs in circumstances when the company is no longer required to be registered for a tax type or ceases trading completely. It is also the duty of the public officer to attend to the necessary deregistration for the relevant tax types with SARS. It is important to bear in mind that even when a company has been finally deregistered by the Companies and Intellectual Property Commission, its tax registrations with SARS are not automatically terminated.

In conclusion, it is important that the company at all times has a duly appointed person fulfilling the duties required of a public officer.

Get in touch with GIA for public officers that redefine business.

Businesses with owners who reside outside of South Africa must appoint a manager or representative who is responsible for ensuring that the business owners perform their statutory obligations.

The Service of Authorised Company Representative There is no need to appoint a local board of directors, however there must be one person residing in South Africa to accept service of any process and notices (there may also be local professional services that provide this service).

GIA offers the service of Authorised Representative for clients willing to setup its business in the Republic of South Africa at which some formation type requires this especially for non-resident directors. This service also extends at SARS and also for clients willing to open Bank Account in the country.

Get in touch with GIA for public officers that redefine business.

Company Secretarial Services in South Africa

In the specialist field of company secretarial proficiency, GIA offers comprehensive support to our clients.

We guide you through the maze of regulations and the many tasks required to comply with the rules of company ownership and administration, such as company formation, the inter-relationship between shareholders agreements and the company’s Memorandum of Incorporation, and liquidations.

We assist small start-ups through to entities listed on the JSE.

We assist boards of directors and company secretaries on matters relating to the Companies Act 71 of 2008 and the King Code(s) and Report on Corporate Governance in South Africa.

GIA can also help your company navigate the regulations and legislation surrounding company ownership and administration governed by the Companies Act of South Africa (Act No. 71 of 2008).

Our knowledgeable staff are well-versed in the intricacies and regulations surrounding corporate governance and our services include:

General meetings: we will organise all board meetings, with board packs and minutes thereof, as well as meetings between shareholders and various committees.

Company administration: we can assist you in appointing and/or changing directors, arrange the transfer of shares and changes to registered company name.

Correspondence: we will handle all administration and correspondence with the Companies and Intellectual Properties Commission of South Africa (CIPC) Provision of shelf companies: we offer this service to help expedite and streamline the registration process.

Company registrations: allow us to assist you with the seamless, painless formation of your company. We have a dedicated team of administrators to see to all your company registration needs. We manage the name reservations, issuing of share certificates and the lodgement of the Memorandum of Incorporation.

Maintenance of statutory books: we will hold and maintain all statutory books including resolutions, minutes and corporate records Process agent services: we can offer your company a registered address in South Africa as well as mail handling services.

The Department of Trade and Industry (DTI) introduced amendments to the Companies Act in 2011 due to a need to update and modernise business practices in South Africa. The act was amended shortly after the King III Code and Report was implemented in 2010. Both work together to promote compliance with the Bill of Rights as outlined in the Constitution to inspire transparency and encourage high standards in the corporate governance of companies.

Services offered:

We provide expert advice and professional facilitation and administration services for all of the below company activities and requirements, providing an ad hoc, cost-effective alternative to employing a full-time company secretarial function. The companies section provides a broad range of services relating to company secretarial matters.

These services include:

  • Company name reservations
  • Defensive company name registrations
  • Shelf company registrations
  • Registration of external companies
  • Incorporation of companies
  • Attending to the registration of company changes (e.g. names, new directors, address changes etc)
  • Adoptions and registration of MOIs
  • Share conversions
  • Filing annual returns
  • Reinstatement of entities
  • Deregistration of entities
  • Obtaining copies of company documents.

Our team also provides company and trust administration services for structured finance transactions. These services include the registration of special purpose companies and trusts.

We also provide full function company secretarial services, including:

  • Maintaining company registers – Allotment and transfer of shares
  • Maintaining and retaining statutory records
  • Director training
  • Statutory record audits
  • Meeting packs and minute taking.

We can deal with matters at SARS, such as:

  • SARS income tax registrations
  • Appointment of public officers
  • Registering tax representative appointments
  • Tax exemption application
  • Notification of company detail changes.

Our team furthermore assists clients with lodging of documents, searches and obtaining of copies from the Master’s Office in Pretoria, as well as other legal and company administrative matters, such as:

  • Non-resident endorsement of share certificates
  • Non-profit organisation (NPO) registrations
  • Authentication, notarising and legalising of documents
  • BBBEE certificates for newly registered entities.

Get in touch with GIA for public officers that redefine business.

GIA offer the service of compliance practice with the Financial Sector Conduct Authority and offers specialist outsourced compliance solutions and risk management services to Category I, II and IIA Hedge Fund financial services providers in South Africa.

GIA provides compliance-related services across a wide spectrum of the financial services sectors, including long-only asset managers, financial advisors, hedge fund managers, private equity funds, insurers, underwriting managers, insurance intermediaries and direct marketers.

We work with both local and international clients and has a wide range of experience in the implementation and ongoing monitoring of financial services regulatory compliance. Through our diversified local and offshore client base, we have developed considerable skills and expertise with the implementation and monitoring of regulatory compliance.

  • We offer professional support and services to financial professionals, thus enabling businesses to meet the increasing challenge of regulatory compliance risk in today’s environment.
  • We focus on the needs and requirements of both large and small retail financial service companies.
  • Whatever the size of your business we offer efficient, cost effective services and solutions, backed by experienced and professional staff.

Our wide range of services range from the coaching and support of in-house compliance personnel through to a fully outsourced compliance service and many other related value-added services.

Major issues you might be facing:

  • Defining your business risks and opportunities to improve strategic business decisions.
  • Facing penalties as a result of failure to manage your risks and comply with regulations.
  • Battling to meet the compliance demands and expectations of investors, legislators, regulators, customers, employees and other stakeholders.
  • Whether your company is complying with complex regulatory requirements, especially with cross-border issues.
  • Company’s compliance costs are escalating.
  • Improving business processes to embed compliance and mitigate inherent business risks.

We specialise in regulatory compliance and licensing solutions for the financial services and credit industry.

What we can help you with

  • Formal compliance monitoring
  • Regular checklists reporting
  • Trends and management information
  • Compliance consultation
  • Implementation of bespoke risk management plans
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