Director Compliance Checklist: Protecting Yourself and Your Company

Being a director in South Africa is more than a title — it is a fiduciary duty with personal risk. SARS and CIPC can pierce the corporate veil, holding directors personally liable for company tax debts and compliance failures.

Governance Obligations

• Keep the Memorandum of Incorporation updated.

• Maintain the Beneficial Ownership Register — CIPC blocks filings if it is outdated.

• Document board resolutions for appointments and shareholder changes.

• File annual returns on the company's anniversary date.

Tax Compliance (SARS)

• File IRP6 provisional tax and ITR14 annual returns.

• Register for VAT if turnover exceeds R2.3 million.

• Ensure PAYE, SDL and UIF registrations and filings are in place.

• Non-resident directors must obtain an AIT PIN for offshore transfers.

SARS can seize assets, issue civil judgments, and initiate sequestration for unpaid taxes.

Many of these obligations are evolving under the Companies Amendment Act. Read our governance update for details.

Labour & Employment

• Register employees with UIF & COIDA.

• File EEA2 employment equity reports if employing 50+ staff.

• Retain payroll records for the statutory periods.

Risks for Non-Compliance

• Personal liability for unpaid taxes.

• Blocked filings if beneficial ownership data is outdated.

• Penalties and deregistration for late filings.

• Civil judgments and sequestration for negligence or fraud.

Maltech-Africa helps directors stay ahead of these obligations — governance, SARS, CIPC and labour compliance under one roof. See our Compliance Services for how we keep the record clean and current.