BUSINESS REGISTRATION: SUBSIDIARY LEGISLATION

BUSINESS REGISTRATION: SUBSIDIARY LEGISLATION

BUSINESS REGISTRATION REGULATIONS

under s. 22

ARRANGEMENT OF REGULATIONS

    REGULATION

    1.    Citation

    2.    Interpretation

    3.    Forms for application

    4.    Reservation of Business Names

    5.    Requirements relating to Forms

    6.    Identification

    7.    Rectification of particulars

    8.    Compounding offences

    9.    Registration by nominee

    10.    Identical names

    11.    Change of particulars

    12.    Appeals to Minister

    13.    Business names in legal proceedings

    14.    Registration agents

    15.    Governance of business

    16.    Fees

        First Schedule

        Second Schedule

        Third Schedule

        Fourth Schedule

        Fifth Schedule

        Sixth Schedule

G.N. 6/2014
42/2020

BUSINESS REGISTRATION REGULATIONS

1.    Citation

    These Regulations may be cited as the Business Registration Regulations.

2.    Interpretation

    (1) In these Regulations, unless the context otherwise require—

    “foreign firm” means any firm, individual or corporation whose principal place of business is situated outside Malawi;

    “ISIC” means the International Standard Industrial Classification of All Economic Activities Revision 4 in Official Records of the Economic and Social Council, 2002, Supplement No. 4 (E/2006/24);

    “person carrying on business” means—

    (a)    in the case of a single person or corporate body, such person or corporate body;

    (b)    in the case of a business carried on by a partnership, all partners; and

    (c)    in the case of a business carried on by any other body of persons, the principal officers of such body.

    (2) for purposes of section 3 (a), the Act shall not apply to a business with an annual turnover of less than K2,000,000.

3.    Forms for application

    (1) The Registrar may issue such forms in such medium as appropriate for the purposes of section 7 of the Act on the website: www.registrargeneral.gov.mw.

    (2) For purposes of section 10 of the Act, a business registration application shall be made to the Registrar—

    (a)    in the case of a business carried on by a sole proprietor, in Form 1 (a); and

    (b)    in the case of a business carried on by a partnership or other body of persons, in Form 2.

    (3) For purposes of section 24 (2) of the Act, an application form shall be in Form 3.

    (4) Prescribed Forms shall be as appropriate in the Second Schedule.

4.    Reservation of Business Names

    A person may apply to the Registrar for the reservation of—

    (a)    the name of an intended business; or

    (b)    the new name of the registered business of the person.

5.    Requirements relating to Forms

    The following provisions shall apply in respect of any forms submitted under these Regulations—

    (a)    unless otherwise required, all particulars to be inserted in a form, electronic or otherwise, shall be in the English language;

    (b)    a form referred to in regulation 2 (2) shall be completed neatly and legibly in accordance with such directions as may be specified in that form;

    (c)    the prescribed form for use for the purposes of section 7 of the Act shall be that set out in the electronic filing system by the Registrar;

    (d)    an electronic transaction form shall be completed in accordance with such directions as may be specified in that form or by the Registrar;

    (e)    where strict compliance of an electronic transaction form in accordance with paragraph (d) is not practicable, the Registrar may allow the form to be filed in such manner or form as the Registrar thinks fit so long as substantial compliance is achieved;

    (f)    the Registrar may make any modification or amendment as he thinks necessary to any electronic transaction form for the purpose of facilitating the electronic filing of documents; and

    (h)    the Registrar may refuse to accept any form that is not in compliance with these Regulations.

6.    Identification

    (1) Every application that requires identification shall be accompanied by a copy of a national identity card, passport, driver’s licence or such other identification documents which are acceptable for the verification of the identity of the person to be registered under the Act.

    (2) Every such copy referred to in paragraph (1) above shall be certified in accordance with the Authentication of Documents Act, or where the application is made electronically in such a manner as the Registrar may direct.

7.    Rectification of particulars

    The Registrar may, upon receipt of a notice made by any person in the appropriate form set out in the electronic filing system of the Registrar rectify any particulars furnished under the Act or in the register where there is any clerical or typographical error, or other error of similar nature, in the relevant particulars furnished under the Act or in the register.

8.    Compounding offences

    The offences contained in the following section may be compounded by the Registrar in accordance with section 19—

    (a)    section…