MRL2601
Assignment 2
Semester 1
2026
, MRL2601 – ENTREPRENEURIAL LAW
Assignment 02 | Semester 1: 2026
Department of Mercantile Law – University of South Africa
QUESTION 1
1.1 Steps to Incorporate Uniq Ltd
The incorporation of a company in South Africa is regulated by the Companies Act 71
of 2008 (hereinafter "the Act"). In order for Mandla and Suzan to incorporate Uniq Ltd,
the following steps must be undertaken.
Step 1: Reserve a Company Name
In terms of section 11 of the Act, the incorporators may apply to the Companies and
Intellectual Property Commission (CIPC) to reserve the name "Uniq Ltd" for a period
of sixty business days. Name reservation is optional but advisable to secure the
chosen name prior to registration. The name must comply with the requirements of
section 11 and must not be the same as or confusingly similar to an existing registered
name.
Step 2: Prepare the Memorandum of Incorporation (MOI)
In terms of section 13(1) of the Act, every company must have a Memorandum of
Incorporation. The MOI is the foundational constitutional document of the company
that sets out the rights, duties and responsibilities of shareholders, directors and others
within and in relation to the company (section 15). The MOI must be consistent with
the Act. The Act provides a standard default MOI which companies may adopt or
adapt.
Step 3: File the Notice of Incorporation with the CIPC
In terms of section 13(1) of the Act, the incorporators must file a Notice of Incorporation
(Form CoR 14.1) together with the MOI with the CIPC. This filing must be accompanied
by the prescribed fee. The Notice of Incorporation sets out particulars of the company,
including its proposed name, the type of company, the number of directors, and details
of the incorporators.
Assignment 2
Semester 1
2026
, MRL2601 – ENTREPRENEURIAL LAW
Assignment 02 | Semester 1: 2026
Department of Mercantile Law – University of South Africa
QUESTION 1
1.1 Steps to Incorporate Uniq Ltd
The incorporation of a company in South Africa is regulated by the Companies Act 71
of 2008 (hereinafter "the Act"). In order for Mandla and Suzan to incorporate Uniq Ltd,
the following steps must be undertaken.
Step 1: Reserve a Company Name
In terms of section 11 of the Act, the incorporators may apply to the Companies and
Intellectual Property Commission (CIPC) to reserve the name "Uniq Ltd" for a period
of sixty business days. Name reservation is optional but advisable to secure the
chosen name prior to registration. The name must comply with the requirements of
section 11 and must not be the same as or confusingly similar to an existing registered
name.
Step 2: Prepare the Memorandum of Incorporation (MOI)
In terms of section 13(1) of the Act, every company must have a Memorandum of
Incorporation. The MOI is the foundational constitutional document of the company
that sets out the rights, duties and responsibilities of shareholders, directors and others
within and in relation to the company (section 15). The MOI must be consistent with
the Act. The Act provides a standard default MOI which companies may adopt or
adapt.
Step 3: File the Notice of Incorporation with the CIPC
In terms of section 13(1) of the Act, the incorporators must file a Notice of Incorporation
(Form CoR 14.1) together with the MOI with the CIPC. This filing must be accompanied
by the prescribed fee. The Notice of Incorporation sets out particulars of the company,
including its proposed name, the type of company, the number of directors, and details
of the incorporators.
