They may elect to submit AFS to CIPC. They are not compelled in terms of Regulation 28.
A MOI audit is a voluntary audit. As such, the company can change the MOI as and when it is suitable to exempt itself from an audit. This would cause inconsistency of filings and thus limit enforcement of the ACT.
NOTE: The wording in the MOI will determine whether it is a VOLUNTARY audit or not.
Disclaimer:
Please note that the information provided does not constitute legal or professional advice, but rather the applicability of existing theory to a given practical situation. Due care is taken to ensure that the information is correct, but it remains subjective and an interpretation of application of information.