Both Close Corporations (CC) and Private Companies (Pty) count as a legal entities and have limited liability of members or shareholders.
Close Corporations are often the type of company chosen by small business owners. CCs have members – up to a maximum of 10 natural people. The number of employees, however, is not limited. An accounting officer/ bookkeeper needs to be appointed, but generally the rules for governance of a CC are slightly more relaxed. For example, CCs do not need to convene an AGM.
Private Companies consist of directors and shareholders (up to 50 shareholders). Companies can also qualify as shareholders. The shareholders own the company and appoint directors (which may be shareholders) to run it for them. There cannot be more than 50 shareholders and shares may not be offered to the general public. A private company needs the services of an auditor/ chartered accountant although there are some exclusions. Also, Private Companies need to hold an AGM and the cost to register is higher.
In summary:
CLOSE CORPORATION PRIVATE COMPANY
Members Directors and shareholders
Maximum of 10 members Maximum of 50 shareholders
Companies can not be members Companies can be shareholders
Members contribution Share Capital
Accounting Officer Auditor (Chartered Accountant)*
28% tax rate 28% tax rate
Cheaper (R350) More expensive (R900)
Limited liability Limited liability
No AGM required Must convene an AGM
*the new companies act gives the option of not to audit under certain conditions.
