BUSINESS REGISTRATION

CHAPTER 46:02
BUSINESS REGISTRATION

ARRANGEMENT OF SECTIONS

    SECTION

PART I
PRELIMINARY

    1.    Short title

    2.    Interpretation

    3.    Application and scope of this Act

PART II
THE REGISTRAR OF BUSINESSES

    4.    Registrar of Businesses

    5.    Powers of the Registrar

PART III
THE MALAWI BUSINESS REGISTRATION DATABASE

    6.    Establishment of the Malawi Business Registration Database

    7.    Use of technology and e-communications

    8.    Use of business registration number

    9.    Search of the Database

PART IV
REGISTRATION OF BUSINESSES

    10.    Duty to be registered

    11.    Form and particulars of registration

    12.    Registration of business and business name

    13.    Use of business names

    14.    Registration of changes in particulars

    15.    Cessation or transfer of business

    16.    Copy of business certificate

PART V
MISCELLANEOUS PROVISIONS

    17.    Immunity

    18.    Persons carrying on unlawful business

    19.    Compounding offences

    20.    Enforcement of duty to file returns

    21.    General offence and penalty

    22.    Regulations

    23.    Repeal and savings

    24.    Transitional provisions

CHAPTER 46:02
BUSINESS REGISTRATION

7 of 1922
7 of 1925
13 of 1941
16 of 1997
12 of 2012
G.N. 22/1963
219/1964 (N)
11/2013

    An Act to provide for the registration of persons carrying on business in Malawi and of their business names, the allocation of a single business registration number; and for matters connected therewith and incidental thereto

PART I
PRELIMINARY

1.    Short title

    This Act may be cited as the Business Registration Act.

2.    Interpretation

    (1) In this Act, unless the context otherwise requires—

    “authorised officer” means an officer duly authorised in writing by the Registrar;

    “business” includes every form of trade, commerce or manufacture, craftsmanship, calling, profession, vocation or occupation or any other activity carried on by a person for the purposes of gain or profit;

    “business name” means the name or style under which a person carries on business;

    “business registration number” means the unique identification number allocated by the Registrar under section 12 (1);

    “certificate” means a certificate of business registration issued under section 12 (2);

    “electronic communication” means a communication transmitted, whether from one person to another, from one device to another device, or from a person to a device or vice versa by—

    (a)    means of a telecommunication system within the meaning of the Communications Act; or

    (b)    any other means in an electronic form;

    “company” means a company incorporated under the Companies Act;

    “electronic signature” means anything in electronic form as—

    (a)    is incorporated into or otherwise logically associated with any electronic communication or electronic data; and

    (b)    purports to be so incorporated or associated for the purpose of being used in establishing the authenticity of the communication or data, the integrity of the communication or data, or both;

    “Database” means the Malawi Business Registration Database established by section 6;

    “firm” means an unincorporated body consisting of two or more individuals, or one or more corporations, having constituted a partnership with a view to carrying on business;

    “local authority” has the same meaning as in the Local Government Act;

    “Malawi Investment and Trade Centre” means the Malawi Investment and Trade Centre incorporated under the Companies Act on 2nd December, 2010;

    “Malawi Revenue Authority” means the Malawi Revenue Authority established under the Malawi Revenue Authority Act;

    “National Statistical Office” means the National Statistical Office referred to in the Statistics Act;

    “person” includes any company or association or body of persons, corporate or unincorporate;

    “person responsible for the management of a business” includes every officer, individual, secretary, agent or employee who is at any time in charge, either solely or to a substantial extent, of the management of the business;

    “public sector agency” includes any Ministry, Government Department, local authority or statutory body;

    “Registrar” means the Registrar of Businesses under this Act; and

    “relevant permit” includes any licence, approval or other written formal authorization required from a public sector agency under any written law.

    (2) A person who has a place of business in Malawi shall be deemed to be carrying on business in Malawi for the purposes of this Act.

3.    Application and scope of this Act

    (1) The provisions of this Act shall apply to registration of the following businesses—

    (a)    sole proprietors; and

    (b)    partnerships.

    (2) This Act shall not exempt a person registered under this Act from complying with any other written law relating to businesses of a specific type.

    (3) This Act shall not apply to—

    (a)    any person carrying on business for the purpose of his livelihood with a turnover below the amount prescribed by the Minister; and

    (b)    any office or employment of a person.

    (4)…