BUSINESSES LICENSING

CHAPTER 46:01
BUSINESSES LICENSING

ARRANGEMENT OF SECTIONS

    SECTION

PART I
PRELIMINARY

    1.    Short title

    2.    Interpretation

PART II
ADMINISTRATION

    3.    Responsibilities of the Minister

    4.    Functions of the Chief Business Licensing Officer

    5.    Main Registry of Business Licences

    6.    Reports and financial statements

PART III
BUSINESS LICENSING CENTRES

    7.    Establishment of Business Licensing Centres

    8.    Functions of Business Licensing Centres

    9.    Appointment and functions of Business Licensing Officers

    10.    Registry of Business Licences

    11.    Correction of errors in registers

PART IV
LICENSING OF BUSINESS ACTIVITIES

    12.    Regulated and unregulated business

    13.    Exemptions

    14.    Application for issuing or renewal of a Business Licence

    15.    Particulars of an application

    16.    Grounds for refusal to issue or renew Business Licence

    17.    Validity of a Business Licence

    18.    Annual return

    19.    Extent of authority of a Business Licence

    20.    Premises to have a conspicuous sign

    21.    Exhibition of Business Licences

    22.    Local Authority not to issue a Business Licence, permit or other authorization

PART V
SUSPENSION, REVOCATION AND CANCELLATION OF BUSINESS LICENCE

    23.    Amendment, cancellation, revocation or suspension of a Business Licence

    24.    Notification of intention to amend, cancel, revoke or suspend a Business Licence

    25.    Right to be heard

    26.    Appeals

PART VI
OBLIGATIONS OF AN OWNER, MANAGER OR PERSON IN CHARGE OF A BUSINESS

    27.    Notification to the Business Licensing Officer

    28.    Replacement of a lost or destroyed Business Licence

PART VII
TRANSFER OF BUSINESS LICENCES

    29.    Transfer of a Business Licence

PART VIII
BUSINESSES BY NON-MALAWIANS

    30.    Businesses by non-Malawians

PART IX
APPOINTMENT AND POWERS OF INSPECTORS

    31.    Appointment of inspectors

    32.    Powers of inspectors

PART X
OFFENCES

    33.    Offences

    34.    Compounding offences

    35.    Failure to surrender a Business Licence

PART XI
MISCELLANEOUS PROVISIONS

    36.    Reserved Businesses

    37.    Regulations

    38.    Immunity

    39.    Repeal and savings

    40.    Transitional provisions

27 of 2012
G.N. 10/2013

CHAPTER 46:01
BUSINESSES LICENSING

    An Act to provide for licensing of the sale of goods and services by way of business; to provide for establishment of Business Licensing Centres; and to make provision for matters connected therewith or incidental thereto

PART I

1.    Short title

    This Act may be cited as the Businesses Licensing Act.

2.    Interpretation

    In this Act, unless the context otherwise requires—

    “auxiliary business” means any business not specified in a business registration which may be lawfully carried on under such registration;

    “business” means any form of trade, commerce, craftsmanship or specified profession carried on for profit and to which this Act applies;

    “Business Licence” means a licence issued under section 16;

    “Business Licensing Centre” means an organ of a Local Authority responsible for administration of this Act in a Local Government area, established under section 7 or a public agency appointed under this Act;

    “Business Licensing Officer” means an officer appointed under section 9;

    “Chief Business Licensing Officer” means a public officer designated as such under section 4 (1);

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

    “core activity” means the main activity of a business;

    “inspector” means a person appointed by the Minister under section 31 and includes an officer in the Ministry;

    “Local Authority” means a City, Town, District or Municipal Council established under 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;

    “publication” means publication of information relating to Business Licensing Centres in electronic form or through printed material to all Ministries and to the general public;

    “regulated business” means a business regulated by any written law; and

    “the Ministry” means the Ministry responsible for trade.

PART II
ADMINISTRATION

3.    Responsibilities of the Minister

    (1) The Minister shall be responsible for—

    (a)    formulating a national policy and regulatory framework in relation to the business licensing system;

    (b)    providing the necessary technical support or assistance to local authorities for the implementation of their respective functions; and

    (c)    doing such other things as are incidental or necessary to reducing the cost of doing business in Malawi.

    (2) The Minister, in consultation with the Minister responsible for Local Government, may, by notice published in the Gazette, revoke the authority of any Local Authority as a Business Licensing Centre and designate another Local Authority or a public agency in its place.

4.    Functions of the Chief Business Licensing Officer

    (1) The Principal Secretary responsible for trade is hereby designated as the Chief Business Licensing Officer.

    (2) The functions and powers of the Chief Business Licensing Officer shall be to—

    (a)    coordinate…