Records a company must keep under the Companies Act
Which records a South African company must keep, for how long, in what form, and who has the right to view or inspect them.
By Achekam · · 4 min read · For Running a business businesses in South Africa
Most small companies have their records somewhere. The MOI is in an e-mail from the person who registered the company, the share certificates are in a drawer, the minutes of the last directors' meeting were never typed up, and the accounting records live with whichever bookkeeper the company used that year.
That works until someone asks. A buyer's due diligence, a shareholder dispute, a bank's request or a CIPC query all start with the same question: can you produce the record? The Companies Act expects a company to answer yes. This guide lists the records it must keep, for how long and in what form, and who may look at them.
The founding records: MOI, registers and appointments
CIPC says a company must at all times keep a copy of its Memorandum of Incorporation and any amendments to it, and a register of its shares. Where the company must appoint a company secretary or an auditor, it must also keep a register of each.
"At all times" means these are not records that expire. The MOI as amended is the company's constitution, and the share register is the evidence of who owns it. If either is missing, rebuilding it from old correspondence is slow and often disputed. CIPC's page on company records lists the records every company must keep and the seven-year rule for most of them.
Seven-year records
A second group must be kept for seven years. CIPC lists:
| Record | What it covers |
|---|---|
| Directors | A record of the company's directors |
| AGM reports | Reports presented at annual general meetings |
| Annual financial statements | Each year's statements |
| Accounting records | The books and supporting records |
| Shareholder meetings | Notices, minutes and resolutions |
| Directors' meetings | Notices, minutes and resolutions |
The Companies Act text published on the government's page sets the same period in section 24(1): a company must keep the records it is required to keep for seven years, in written form or in a form that can be converted into written form within a reasonable time. That text is the Act as originally published; later amendments are not reflected in it, so confirm any fine point against the current version.
The "convertible into written form" wording matters for a modern business. Electronic records are acceptable, provided they can be produced in readable form within a reasonable time. A folder of scanned minutes that nobody can find is hard to square with that test; an organised, searchable store is far easier to stand behind.
Accounting records: accurate, complete and in an official language
Accounting records have their own section. The Act as published requires, in section 28, that a company keep accurate and complete accounting records in one of the official languages, kept at or accessible from its registered office. It also makes falsifying them an offence.
"Accessible from" the registered office is the practical point for a business whose books are online or kept by an outside accountant. The records do not have to sit in a filing cabinet at the registered address, but someone there must be able to get to them. Tax records have their own retention rules too; see how long to keep tax records.
Who may see the records
Keeping records is one obligation; giving access is another. CIPC says any person holding shares or a beneficial interest in a company may view and copy its records, and any other person may inspect them at a cost.
So a minority shareholder asking to see the minutes is exercising a right, not making an unusual request. Being able to share the right record quickly, and to know what was shared with whom, avoids a small request turning into a dispute.
Keeping and sharing records from Document Centre
Achekam's Document Centre is a folder-based store where a business uploads files or whole folders, then previews, downloads, renames, moves, tags, archives and searches them. When a new version of a document is uploaded, the earlier versions are kept, so an amended MOI sits on top of its history rather than replacing it.
Each stored file gets a SHA-256 fingerprint, executable files are refused by default, and every upload passes a malware check: a full scanner where the server is configured for one, otherwise a built-in heuristic check.
When a shareholder or adviser asks for a record, a document can be shared by e-mailing a personal link with an expiry date, an optional one-time code, and download allowed or not. The share can be revoked later. That gives you a record of what was shared without e-mailing attachments that live forever in someone's inbox.
A simple structure works well:
- Constitution: MOI and every amendment
- Registers: shares, directors, company secretary and auditor
- Meetings: one folder per year for notices, minutes and resolutions
- Financial statements: one folder per year
- Accounting records: supporting documents by year
A records check for the company secretary
- Is the current MOI on file, with every amendment?
- Is the share register up to date after the last transfer or issue?
- Are the directors' details current?
- Are minutes and resolutions signed and filed for every meeting?
- Are seven years of financial statements and accounting records retained?
- Could you produce any of these within a reasonable time if asked?
The time to organise a company's records is before anyone asks for them. Filling the gaps now is far easier than rebuilding a share register under pressure; preparing annual financial statements on time covers one of the records that matters most.
General guidance only, not advice on your own circumstances. Tax and payroll rules change: check the current position with the authority or your adviser.
