BUSINESSES LICENSING: SUBSIDIARY LEGISLATION
BUSINESS LICENSING REGULATIONS
under s. 37
ARRANGEMENT OF REGULATIONS
REGULATION
1. Citation
2. Interpretation
3. Application for a Business Licence or renewal of a Business Licence
4. Production of identity documents on application for a licence
5. Issuance of a Business Licence
6. Business premises
7. Rectification of registry errors
8. Compounding offences
9. Businesses owned by non-Malawians
10. Fees payable
11. Appeals to the Minister
12. Record keeping
13. Inspections and orders
14. General penalty
First Schedule
Second Schedule
Third Schedule
Fourth Schedule
Fifth Schedule
G.N. 45/2014
These Regulations may be cited as the Business Licensing Regulations.
In these Regulations unless the context otherwise requires—
“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.
3. Application for a Business Licence or renewal of a Business Licence
(1) An application for a Business Licence or for renewal of a Business Licence by a person, who is a citizen of Malawi, shall be made to a local authority in which the applicant intends to conduct a business.
(2) An application for a Business Licence or for renewal of a Business Licence by a person, who is not a citizen of Malawi, shall be made to the Chief Business Licensing Officer.
(3) An application for a Business Licence under subregulation (2) shall include a certificate issued under the Investment and Export Promotion Act.
(4) An application for a Business Licence shall be made in Forms 1 to 3 in the First Schedule hereto.
(5) An application for renewal of a Business Licence shall be made in Form 4 in the First Schedule hereto, and shall be submitted with an annual return made in Form 5 of the First Schedule hereto.
4. Production of identity documents on application for a licence
(1) A person, who is a citizen of Malawi, shall upon application for, or on renewal of, a Business Licence, for purposes of identification, produce to the Chief Business Licensing Officer a valid identification document issued under the laws of Malawi or any other document which may be acceptable for the verification of the identity of that person.
(2) A person, who is not a citizen of Malawi, shall, upon application for, or on renewal of, a Business Licence produce, for the purposes of identification, to the Chief Business Licensing Officer a valid permit issued under laws relating to immigration, citizenship or asylum.
5. Issuance of a Business Licence
Where an application for a Business Licence is approved, the Chief Business Licensing Officer or the Business Licensing Officer shall issue a Business Licence to the applicant in Form 6 in the First Schedule hereto.
A business that operates in more than one place of business shall have a licence for each place of business.
7. Rectification of registry errors
Subject to section 11 of the Act, the Chief Business Licensing Officer or the Business Licensing Officer, may rectify particulars furnished under the Act or in the register where there is a clerical or typographical error, or other error of similar nature, upon receipt of a notice in the Form set out in the Second Schedule hereto.
Subject to section 34 of the Act, the Chief Business Licensing Officer may compound offences under regulations 9, 13 and 14:
Provided that the Chief Business Licensing Officer shall impose not more than ten per cent of the penalty provided for that offence.
9. Businesses owned by non-Malawians
(1) A person, who is not a citizen of Malawi, who intends to carry out a business whose core activity is retail, in any local authority listed in the First Column of the Third Schedule hereto, shall operate within the areas designated for that purpose in the Second Column of the Third Schedule hereto.
(2) A person may carry on a business outside the areas designated under subregulation (1) upon approval of the Chief Business Licensing Officer and the Investment Approval Committee.
(3) The Chief Business Licensing Officer may revoke the Business Licence of a person who carries out business in contravention of this regulation.
(4) A person who carries on a business in contravention to this regulation commits an offence and shall be liable upon conviction to a fine of K500,000.00 and to imprisonment for twelve months.
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