Company Incorporation (registration) & subsequent changes
Last Updated on Wednesday, 20 January 2010 14:15
The first step to incorporating a company is the registration of a business name, which is effected by sending by post, or delivering to the Registrar at the Department of Registrar of Companies and Official Receiver, within one month of the date the business is commenced, a statement in writing in the prescribed form (i.e. in writing) signed by the individual or company and containing the following particulars;
- The business name.
- The general nature of business.
- The principal place of the business.
- The present Christian name(s) and surname, any former Christian name(s) and surname, the nationality, the usual residence, and any other business occupation (if any) of the individual, or the corporate business name and registered principal office of the company.
- The date of commencement of business.
Where the business is carried on by two or more business names, each or those business names must be stated.
No firm or business name can be registered by a name which in the opinion of the registrar is undesirable
On receiving any statement, the Registrar, if satisfied that the provisions of the Law have been complied with, cause the same to be filed and registered and shall send by post or deliver to the firm or person applying a certificate of registration.
The certificate (or certified copy) should be exhibited at the principal place of business in plain sight. Failure of this will result in a fine.
Every entry made by the registrar will be published in the Government Gazette.
This can also be done on-line at http://www.mcit.gov.cy
Alternatively an application for approval of name can be lodged. Forms can be downloaded from
http://www.mcit.gov.cy
Application forms for certified copies of business names can be downloaded from
http://www.mcit.gov.cy
Private Companies
Requires the subscription of at least one (1) member to the memorandum of association.
Public Companies
Requires the subscription of at least seven (7) member to the memorandum of association.
Documents which need to be filed to Registar
- Memorandum of association*
- Articles of Association (may be omitted if company opts to adopt articles in Table A of the first Schedule of Cap 113.)
- Registrar Forms (HE1) affidavid of compliance
- Other forms which need to be submitted within 14 days of incorporation
For a complete list of Registrar Forms Click here
Forms issued by the Registrar indicate the following
- Prefix of HE - Local company forms
- Prefix of AE - Overseas company forms
- Prefix of ME - Redomiciliation company forms
* Only practising advocates may draft a company's memorandum or articles of association
Changes to Company Constitution
Amendments to a company's memorandum, as for instance the objects of the company, can only be done by Special Resolution at a general meeting of the company with a 75% voting.
Court approval is also necessary to ensure the rights of shareholders and creditors are protected, usually a creditors approval is also required, and such approval can be given via a statutory declaration.
Once the court order has been obtained it must be delivered to the Registrar within 15 days of its issue.
Changes to the Company Constitution can only be made by practising advocates, and can be costly.
Changes to Company Name
A change of name can can be done via Special resolution at a general meeting of the company with a 75% voting.
Only the Registar's approval is required. The Registrar also reserves the right to force an obligatory name change on a company for a period of six (6) months from incorporation. In certain circumstances "Limited" can be omitted from the company name, for instance, as with non-profit organisations.
