All companies are required by law to appoint a Public Officer within one month of the company’s date of incorporation. Failure to appoint a Public Officer within the designated time frame, will result in non-compliance. The Public Officer is required to be a South African resident, and is in essence the face of the company. Either a director (in the case of Closed Corporations) or the Company Secretary may act as the company’s Public Officer. If there is a change of Public Officer, the company must notify SARS within 14 days to avoid hefty fines.
With InfoDocs, appointing a Public Officer (or resigning one and appointing another), is quick and simple.
- In your company profile, navigate to the Directors tab, and under Actions, click on Appoint Officer.
2. From here, you can either search for an already appointed Director or Company Secretary to be appointed, or you can manually enter the details of the person being appointed as the new Public Officer. Complete all the boxes and click on Next.
3. Stipulate the appointment date and the position and click Save.
4. InfoDocs will automatically create a Resolution and populate a Letter of Consent to Act as Public Officer. Download and save these documents and close the box. Alternatively, you can access these documents later in the Documents tab under PDF Templates.
To confirm a registered Public Officer, the above documents need to be submitted to SARS along with the following:
- A verified copy of the registered representative’s ID document
- A copy or proof of residence of the registered representative
- A letter of appointment authorising the person to act as Public Officer (the Resolution created by InfoDocs serves as the letter of appointment in this case)
- The company’s Memorandum of Incorporation (also available on InfoDocs in the Template library)
For further information on how to complete this process, please refer to the information on the SARS website here.