Category: Subsidiary Legislation

METROLOGY: SUBSIDIARY LEGISLATION METROLOGY (LICENCE OF COMPETENCY) REGULATIONS ARRANGEMENT OF REGULATIONS REGULATION 1. Citation 2. Interpretation 3. Application for licence of competency 4. Examination 5. Issue of licence 6. Duration and renewal of licence 7. Refusal to grant or renew licence 8. Withdrawal of licence 9. Appeal FIRST SCHEDULE SECOND SCHEDULE G.N. 6/2021 METROLOGY (LICENCE OF COMPETENCY) REGULATIONS under s. 30 1. Citation These Regulations may be cited as the Metrology (Licence of Competency) Regulations. 2. Interpretation In these Regulations, unless the context otherwise requires— “licence of competency” means a licence declaring that a person is competent to install, service or repack instruments, weights, and measures regulated under the Act or to operate public weighing instruments for a fee; “licensee” means a person to whom a licence is granted under these Regulations. 3. Application for licence of competency (1) A person may apply for licence of competency, in writing, to the Bureau. (2) The person making an application under subregulation (1) shall state the name of personnel, affiliated company and area of competence to be assessed. 4. Examination (1) The Bureau shall, upon receipt of examination fees prescribed in the First Schedule, examine an applicant with respect to his ability to install, service or repair instruments, weights and measures or to operate public weighing instruments regarding a particular class of instruments, weights and measures for which the applicant applies for a licence of competency. (2) The Bureau shall determine the manner in which the examination referred to in subregulation (1) is conducted. 5. Issue of licence (1) The Bureau shall issue a licence of competency to an applicant where the Bureau is satisfied that the applicant has sufficient knowledge of the law relating to weights and measures and the applicant can install, repair or service instruments, weights and measures or operate public weighing instruments regulated under the Act. (2) The licence of competency may be issued for all or any particular class of weighing or measuring instruments upon payment of the fees prescribed in the First Schedule. (3) The Bureau shall issue the licence of competency in the format contained in the Second Schedule. 6. Duration and renewal of licence (1) A licence of competency shall be valid for twelve months from the date of issue and shall be renewed each year upon payment of the fees prescribed in the First Schedule. (2) Where a licensee applies for renewal of the licence, the Bureau shall renew the licence if it is satisfied that the work of the licence holder is satisfactory. 7. Refusal to grant or renew licence Where the Bureau refuses to grant or renew a licence of competency, it shall inform the applicant or licensee, as the case may be, in writing, giving the reasons for the refusal. 8. Withdrawal of licence (1) The Bureau may at any time withdraw a licence of competency if it is satisfied that a licensee has failed to comply with any written law relating to weights and measures. (2) Where the Bureau decides to withdraw a licence of competency the Bureau shall inform the licensee in writing of the reasons for the withdrawal. 9. Appeal Any person aggrieved by the decision of Malawi Bureau of Standards under these Regulations may, within thirty days, from the day of receipt of the decision of the Bureau, appeal to the Minister. reg. 4 (1), 5 (2) FIRST SCHEDULE FEES Item K t Application for licence of competency examination6,000 00 Issuance of licence of competency15,000 00 Renewal of licence of competency15,000 00 SECOND SCHEDULE reg. 5 (3) MALAWI BUREAU OF STANDARDS LICENCE OF COMPETENCY Licence to install, repair or service instruments, weights and measures or to operate public weighing instruments*Delete whichever is not applicable Licence No.: …………………………………………….. Year: ……………………………………………… This is to certify that: First name: ………………………………………… Surname: ……………………………… employed by ……………………………………………………………. of postal and e-mail address ………………………………………………………………… trading as ………………………………… and located at ………………………………….. is/are*Delete whichever is not applicable licensed to install, repair or service instruments, weights and measures of the following types Date: ………………………………………………………………………………………… Director General(Seal of the Malawi Bureau of Standards) METROLOGY (LICENCE, MANUFACTURE, DEAL-IN, IMPORT, TRADE-IN OR REPAIR INSTRUMENTS, WEIGHTS AND MEASURES) REGULATIONS ARRANGEMENT OF REGULATIONS REGULATION 1. Citation 2. Interpretation 3. Application for a licence 4. Rejection of an application 5. Display of licence 6. Revocation of licence 7. Appeals 8. Fees FIRST SCHEDULE SECOND SCHEDULE THIRD SCHEDULE FOURTH SCHEDULE G.N. 7/2021 METROLOGY (LICENCE, MANUFACTURE, DEAL-IN, IMPORT, TRADE-IN OR REPAIR INSTRUMENTS, WEIGHTS AND MEASURES) REGULATIONS under s. 30 1. Citation These Regulations may be cited as the Metrology (Licence, Manufacture, Deal-in, Import, Trade-in or Repair Instruments, Weights and Measures) Regulations. 2. Interpretation In these Regulations, unless the context otherwise requires— “licence” means the document issued under regulation 3; and “licensee” means a person to whom a licence has been granted to…

COMPETITION AND FAIR TRADING: SUBSIDIARY LEGISLATION COMPETITION AND FAIR TRADING (FEES) REGULATIONS under s. 73 (1) G.N. 76/2024 1. Citation These Regulations may be cited as the Competition and Fair Trading (Fees) Regulations. 2. Fees The fees prescribed in the Schedule shall be payable in respect of the matters specified therein. reg. 2 SCHEDULE FEES PAYABLE TO THE COMMISSION MATTERK t 1.Application of an authorization of an agreement10,000,000 00 2.Application for negative clearance10,000,000 00 3.Provision of training services on competition and consumer protection matters to enterprises upon request per training package5,000,000 00 4.Provision of non-binding advisory opinion— (a) Small and medium enterprises200,000 00 (b) Micro-enterprises100,000 00 (c) Other500,000 00 5.Application for a merger0.5 per cent of the combined turnover or total assets of the merging parties derived from Malawi, whichever is higher. COMPETITION AND FAIR TRADING (THRESHOLDS FOR PROPOSED MERGERS) NOTICE under s. 40 G.N. 77/2024 1. Citation This Notice may be cited as the Competition and Fair Trading (Thresholds for Proposed Mergers) Notice. 2. Notification of a merger, takeover or acquisition A merger, takeover or acquisition under the Act shall be notified to the Commission if the— (a) combined annual turnover or combined value of assets, whichever is higher, in, into, or from Malawi equals to or exceeds ten billion Kwacha; or (b) annual turnover of a target undertaking in, into, or, from, Malawi equals to or exceeds five billion Kwacha.

BUSINESS REGISTRATIONCOOPERATIVE SOCIETIES: SUBSIDIARY LEGISLATION COOPERATIVE SOCIETIES REGULATIONS ARRANGEMENT OF REGULATIONS REGULATION 1. Citation 2. Register of societies 3. Alterations, etc. 4. Inspection 5. Application 6. Registration 7. Forwarding of papers 8. Refusal of registration 9. Register of members 10. Election of members 11. Withdrawal by members 12. Expulsion of members 13. Loss of qualifications 14. Number of members 15. Nominees 16. Division of profits 17. Maximum liability 18. Supreme authority 19. First meeting 20. Annual general meeting 21. Functions of annual general meeting 22. Special general meeting 23. Quorum at annual or special meeting 24. Chairman of general meeting 25. Voting at general meeting 26. Method of voting 27. Minutes of general meeting 28. Election of committee 29. Chairman of committee 30. Duties of committee 31. Meetings of committee 32. Procedure at meetings of committee 33. Voting at meetings of committee 34. Minutes of meetings of committee 35. Failure to attend meetings of committee 36. Vacancies on committee 37. Borrowing powers 38. Banking Account 39. Employees 40. Application for a loan 41. Approval of a loan 42. Security for a loan 43. Purpose of a loan 44. Documents relating to loans 45. Restrictions on loans to defaulters 46. Extension of a loan 47. Misapplication of a loan 48. Recovery of a loan 49. Suspension and resumption of loans 50. Marketing 51. Bad debts 52. Preparation of annual accounts and report 53. Duties of manager 54. Appointment of officers 55. Duties of a secretary 56. Treasurer 57. Security by treasurer 58. Duties of a treasurer 59. Audit of accounts 60. Audit and Supervision Fund 61. By-laws 62. Amendment of by-laws 63. Copies of entries 64. Reference of a dispute to the Registrar for decision 65. Reference to arbitration by the Registrar 66. Proceedings before an arbitrator or arbitrators 67. Proceedings before the Registrar 68. Control of registered society by Registrar 69. Restriction of taking of legal and other proceedings against Registrar 70. Fees and Forms Schedules COOPERATIVE SOCIETIES REGULATIONS G.N. 15/2002 under s. 92 1. Citation These Regulations may be cited as the Cooperative Societies Regulations. 2. Register of societies (1) The Registrar shall keep or cause to be kept at his office a Register to be called “the Register of Cooperative Societies” (hereinafter referred to as “the Register”) wherein shall be entered particulars relating to the registration of societies and their by-laws and any amendments thereto. (2) Every entry in the register shall be made by or under the direction of the Registrar and shall be signed by him. 3. Alterations, etc. Every alteration, interlineations or erasure in the Register shall be initialed by the Registrar. 4. Inspection The Register shall be open to inspection by the public at all reasonable times and free of charge. 5. Application (1) An application for registration of a society under section 6 of the Act shall be made to the Registrar using Form I in the First Schedule and shall be accompanied by an appraisal in writing of the viability of the society. (2) Three copies of the by-laws in English or the local language which the society proposes to adopt shall be submitted together with the application. 6. Registration The Registrar shall register a society which meets the prescribed requirements, and its by-laws, in the Register. 7. Forwarding of papers Upon the registration of a society, the Registrar shall forward to the society— (a) a certificate of registration in Form II in the First Schedule hereto; (b) a copy of the by-laws of the society as approved and certified by him; and (c) a copy of the Act and of the Regulations in English, together with an explanatory memorandum in the vernacular, where the Registrar considers it necessary. 8. Refusal of registration Where the Registrar refuses to register a proposed society or its by-laws, he shall give the applicant his reasons in writing for such refusal. 9. Register of members Every registered society shall keep a register to be called “the Register of Members” wherein shall be entered— (a) the name, address and occupation of each member and a statement of the shares if any, held by him; (b) the date on which each member’s name was entered in the register; (c) the date on which any member ceased to be a member; and (d) a nominee, if any, appointed under regulation 15. 10. Election of members The election and admission of members to a registered society, other than original members, shall be in such a manner and on such conditions as prescribed by the by-laws. 11. Withdrawal by members A member may withdraw from a registered society by giving written notice to the secretary of the registered society but such withdrawal shall be without prejudice to section 36 of the Act. 12. Expulsion of members (1) Any member who acts…

CREDIT REFERENCE BUREAU: SUBSIDIARY LEGISLATION CREDIT REFERENCE BUREAU (LICENSING, SUPERVISORY AND OPERATIONAL REQUIREMENTS) REGULATIONS under s. 33 ARRANGEMENT OF REGULATIONS REGULATION 1. Citation 2. Interpretation 3. Eligibility for a licence 4. Application for a licence 5. Minimum capital requirements 6. Validity of a licence 7. Granting of licence 8. Permissible activities 9. Obligations of Credit Reference Bureaus with respect to operations 10. Obligations of Credit Reference Bureaus with respect to customer data 11. Obligations of Credit Reference Bureaus with respect to authorized users 12. Obligations of Credit Reference Bureaus in relation to data providers 13. Users access of the Credit Bureau Database 14. The right to inspect credit information 15. Right to challenge incorrect credit information 16. Process of dealing with challenges to incorrect credit information 17. Recording of challenges to incorrect information 18. Fee for a credit report 19. Penalties 20. Public awareness Schedule G.N. 41/2011 1. Citation These Regulations may be cited as the Credit Reference Bureau (Licensing, Supervisory and Operational Requirements) Regulations. 2. Interpretation In these Regulations, unless the context otherwise requires— “Act” means the Credit Reference Bureau Act; “borrower” means a natural person or a legal person, and any other party to the credit, who has obtained a credit from the lending institution as a result of a legal agreement signed with them; “credit agreement” means the contractual agreement between the lender and the borrower that sets out the rights and obligations of parties on the disbursement and the repayment of the credit; “permissible purposes” means users allowed to obtain information from a credit reference bureau only for the following purposes— (a) in compliance with a court order; (b) in accordance with the written instructions of the consumer to whom it relates and as it relates to any type of credit transaction; or (c) in accordance with the written request of the subject of a credit report in order to obtain a copy of their personal credit report; “Registrar” means the Registrar of Financial Institutions appointed under the Financial Services Act; “search inquiry” means a request, made by a user, for information from the credit reference bureau database. 3. Eligibility for a licence (1) Application for a credit reference bureau licence shall be restricted to limited liability companies. (2) The licence shall not be transferred or sold. 4. Application for a licence (1) An application for a credit reference bureau licence shall be made in a form as prescribed in the Schedule. (2) An applicant shall pay a non-refundable application fee of MK100,000 in a form of a bank certified cheque, payable to the Reserve Bank of Malawi. 5. Minimum capital requirements (1) A minimum start-up capital for a credit reference bureau business shall be an equivalent of Malawi Kwacha of US$50,000. (2) The capital must be domiciled in Malawi. (3) In case of a foreign investor, the capital shall be registered with Exchange Control Department of the Reserve Bank of Malawi. 6. Validity of a licence (1) A credit reference bureau licence shall be valid for a period of two years. (2) An applicant for a renewal of a licence shall pay a non-refundable fee of MK100,000 in a form of a bank certified cheque, payable to the Reserve Bank of Malawi. 7. Granting of licence Registrar may grant a credit reference bureau licence if he is satisfied that the following conditions exist— (a) applicants, owners, directors, executive officers and senior management— (i) have never been declared bankrupt by a court of law; (ii) have not defaulted on any credit obligation; (iii) have never been convicted of any criminal offence for the past seven years which affects their financial integrity; (iv) have never been refused any licence under any financial service laws; (v) have never been subjects of supervisory actions (cease and desist orders, licence suspensions or revocations, etc.); and (vi) have never been liable of any breach in connexion with credit or credit reporting business; (b) the applicant has human, technical, financial and operational resources that will enable the credit reference bureau to function effectively and efficiently; (c) the applicant has put in place concise and detailed policies and procedures for the storage and use of credit data that would include ensuring the security, confidentiality and integrity of the credit data; (d) the applicant has put in place detailed policies and procedures to ensure— (i) the provision of accurate credit information and that it is only accessible by authorized users; (ii) that access of credit information from the credit registry database is conducted in a secure and confidential manner; (iii) the provision of robust consumer rights and protection related to their personal credit information; (e) the credit reference bureau has certified hardware and software for its credit information database; (f) proof of the existence of the minimum capital requirement; and (g) the applicant has…

COMPANIES: SUBSIDIARY LEGISLATION COMPANIES (SHAREHOLDER’S CODE OF CONDUCT) ORDER under ss. 73 and 74 G.N. 27/2016 1. Citation This Order may be cited as the Companies (Shareholder’s Code of Conduct) Order. 2. Scope of the Order This Order prescribes codes of conduct for shareholders of a private and public companies under sections 73 and 74. 3. Codes of conduct for shareholders Schedule Schedule (a) The code of conduct for shareholders of a private company shall be as prescribed in Part A of the Schedule to this Order. (b) The shareholder’s code of conduct for public company shall be as prescribed in Part B of the Schedule to this Order. para. 3 SCHEDULE PART ACODE OF CONDUCT FOR SHAREHOLDERS OF A PRIVATE COMPANY THIS CODE IS APPLICABLE TO ALL PRIVATE COMPANIES 1. Interpretation Any term used in this Code, and which has been defined in the Act has the meaning ascribed to that term under the Act. 2. Exemption from holding an annual general meeting A private company need not hold an annual general meeting. 3. Resolution of a private company to comply with the Act (1) Where a private company elects to hold an annual general meeting, the procedures relating to meetings under the Act shall apply accordingly. (2) A resolution of a private company shall be validly passed at a general meeting if— (a) a notice of the meeting and of the resolution is given to the members; and (b) the meeting is held and conducted in accordance with the provisions of this Act and the company’s constitution. 4. Circulation of resolutions and related expenses (1) A private company shall, where requested, send a copy of its resolutions to every eligible member— (a) by hard copy to the member’s last known address; or (b) in electronic format to a member’s electronic address. (2) The expenses of a company in complying with subsection (1) shall be met by the members who request the circulation of the resolution unless the company resolves otherwise. (3) Electronic address means any address or number used for the purposes of sending or receiving documents or information by electronic means. 5. Resolution deemed an ordinary resolution unless specified Where in the provisions of this Code a reference is made to a resolution of a company which is not specified, the resolution shall be deemed to be an ordinary resolution unless the company’s constitution require a higher majority or unanimity, in which case it shall be a special resolution. 6. Ordinary resolution (1) An ordinary resolution means a resolution passed by a simple majority of votes cast by such members of the company, as being entitled to do so, voting in person or by proxy at a general meeting, or such higher majority as is required by the company’s resolution. (2) Anything that may be done by ordinary resolution may also be done by special resolution. 7. Special resolutions (1) A special resolution means a resolution passed by a majority of seventy-five per cent or, if a higher majority is required by a company’s constitution, that higher majority, of the votes of those shareholders entitled to vote and voting on the matter which is the subject of the resolution. (2) The notice for a meeting to pass a special resolution shall include the text of the resolution and specify the intention to propose the resolution as a special resolution. (3) At any meeting at which a special resolution is passed, a declaration by the chairperson that the resolution is so passed, shall, unless a poll is demanded, be conclusive evidence of that fact without proof of the number or proportion of the votes recorded in favour or against the resolution. (4) All special resolutions under this Code may be rescinded only by a special resolution except where the resolution relates to the liquidation of the company. 8. Voting to be by show of hands or poll (1) The manner of voting in a meeting of a private company shall be by the show of hands. (2) A declaration by a chairperson of a meeting that a resolution is carried by the requisite majority shall be conclusive evidence of that fact unless a poll is demanded. (3) A poll may be demanded either before or after a vote is taken on a resolution by— (a) a shareholder or shareholders representing not less than ten per cent of the total voting rights of all shareholders having the right to vote at a meeting; (b) a shareholder or shareholders holding shares in a company that confer a right to vote at a meeting and on which the aggregate amount paid up is not less than ten per cent of the total amount paid up on all shares that confer that right; or (c) a chairperson of the meeting. (4) The…

PUBLIC-PRIVATE PARTNERSHIP: SUBSIDIARY LEGISLATION PUBLIC-PRIVATE PARTNERSHIP REGULATIONS ARRANGEMENT OF REGULATIONS REGULATION PART IPRELIMINARY 1. Citation 2. Interpretation PART IIAPROJECT IDENTIFICATION AND PRIORITY LIST 3. Project Identification 4. Priority List and Compendium PART IIIATRANSACTION ADVISORS 5. Rules of engaging Transaction Advisors PART IVAFEASIBILITY STUDY 6. Comprehensive Feasibility Study 7. Fiscal affordability assessment 8. Approval of feasibility study PART VAPPP COMMITTEES 9. Project Committee 10. Evaluation Committee PART VIAPROCUREMENT PROCESS: PRE-QUALIFICATION PHASE (Phase One) 11. Phase one: Pre-qualification phase 12. Expression of Interest or Request for pre-qualification documents 13. Contents of EOI or pre-qualification documents 14. Application for pre-qualification by a Consortium 15. Pre-qualification meeting 16. Evaluation of EOI or pre-qualification application 17. Notification of pre-qualification 18. Verification of bidder’s information and confidentiality of qualification information PART VIIAPROCUREMENT PROCESS: REQUEST FOR PROPOSAL PHASE (Phase Two) 19. Preparation of Tender Documents 20. Issuance of Tender Documents 21. Pre-Bid Meetings and amendment of Tender Documents 22. Submission of Bid by a Consortium 23. Technical proposal evaluation 24. Technical proposal evaluation report 25. Notification of results of technical proposal evaluation 26. Financial proposal opening and evaluation 27. Financial proposal evaluation report 28. Selection of the Preferred Bidder 29. Verification of Bid information 30. Negotiations and selection of Successful Bidder 31. Procedure regarding equal Bids 32. Commercial and Financial Close PART VIIIASINGLE PHASE PROCUREMENT PROCESS 33. Use of single phase procurement process PART IXACOMPETITIVE DIALOGUE 34. Procedure to conduct Competitive Dialogue PART XAUNSOLICITED BIDS (USB) 35. Requirements of a valid Unsolicited Bid 36. Contents of Unsolicited Bid 37. Provisional acceptance of valid Unsolicited Bid 38. Treatment of more than one Unsolicited Bids for same or similar project 39. USB processing fee 40. USB bond 41. USB project development agreement 42. USB-Feasibility Study 43. Registration of USB in the Compendium 44. Right to determine contents of Tender Documents 45. Selection of Private Party for Unsolicited Bid PART XIADIRECT NEGOTIATIONS 46. Procedure to conduct Direct Negotiations PART XIIAGOVERNMENT’S EQUITY PARTICIPATION IN SPECIAL PURPOSE VEHICLE 47. Equity participation by the Government PART XIIIAPPP CONTRACT MANAGEMENT 48. Contract Manager 49. Responsibility of the Contract Manager 50. Appointment and role of Independent Expert 51. Contract Management Plan PART XIVARESUBMISSION OF EXPIRED PPP PROJECTS 52. Procedure for expired projects PART XVADISCLOSURE OF INFORMATION 53. Disclosure framework PART XVIAFCCL MANAGEMENT 54. PPP Fiscal Risk Committee 55. Functions of PPP Fiscal Risk Committee 56. Data gathering 57. FCCL report 58. Amendments 59. Annual FCCL ceilings 60. FCCL Framework PART XVIIAPPP PROJECT FINANCING FUND 61. Fund and its functions 62. Fund accounts 63. Audit of the Fund 64. Officer administering the Fund 65. Secretariat of the Fund 66. Fund manual G.N. 58/2023 PUBLIC-PRIVATE PARTNERSHIP REGULATIONS under s. 97 PART IPRELIMINARY 1. Citation These Regulations may be cited as the Public-Private Partnership Regulations. 2. Interpretation In these Regulations, unless the context otherwise requires— “Bid” means proposal document or documents including inter alia technical proposals and financial proposals submitted by any person in response to a procurement request for a proposed PPP arrangement; “Bid Bond” means any written legal undertaking including, inter alia bid securing declaration, bank guarantees, surety bonds, cheques on which a bank is primarily liable, cash deposits, promissory notes, and bills of exchange made by a bidder to PPPC or the Contracting Authority guaranteeing compensation to the Contracting Authority if the bidder fails to sign a PPP Contract if awarded; “Commercial Close” means the date on which the PPP Contract is signed between the Contracting Authority and the Special Purpose Vehicle or the Private Party; “Compendium” means the compendium prepared and published by the Commission in accordance with section 41 (3) of the Act; “Competitive Dialogue” means the dialogue entered into by the Evaluation Committee with the Pre-Qualified Bidders during the two-phase procurement process to discuss solutions for the desired outcome of the proposed PPP arrangement; “Consortium” means an association or joint venture of two or more entities; “Contract Manager” means a nodal officer appointed by the Contracting Authority responsible for implementation of the Contract Management Plan of a PPP Arrangement; “Contract Management Plan” means the plan developed by the Contract Manager in accordance with regulation 51; “Contract Management team” means a team of multi-disciplinary experts, inter alia including those having expertise in technical, legal, financial, administration or knowledge management aspects, led by the Contract Manager; “Due Date” means the date and time for submission of Bids in accordance with the REP document; “EOI” means the Expression of Interest document prepared by the Commission in conjunction with the Contracting Authority which invites Prospective Bidders to submit relevant documentation to submit their interest in a proposed PPP arrangement; “Evaluation Committee” means the committee constituted in accordance with section 49 of the Act and regulation 10; “FCCL” means fiscal commitments and contingent liabilities; “FCCL Framework” means the fiscal commitments and contingent liabilities framework for PPP projects…

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. 6/201442/2020 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 10 (5); (b) section 13 (6); and (c) section 14 (5). 9. Registration by nominee Where a person carries on a business wholly or mainly as nominee or trustee of or for another person, or…

FINANCIAL SERVICES: SUBSIDIARY LEGISLATION FINANCIAL SERVICES (SUPERVISORY LEVY FOR BANKS) REGULATIONS ARRANGEMENT OF REGULATIONS REGULATION PART IPRELIMINARY 1. Citation 2. Interpretation 3. Objectives PART IIPAYMENT AND ASSESSMENT OF SUPERVISORY LEVY 4. Methodology for assessing supervisory levy 5. Payment of supervisory levy 6. Review of methodology for assessing supervisory levy 7. Use of supervisory levy PART IIIENFORCEMENT 8. Enforcement 9. Administrative penalties 10. Revocation of G.N. 26/2012 SCHEDULE G.N. 26/201234/2018 FINANCIAL SERVICES (SUPERVISORY LEVY FOR BANKS) REGULATIONS under s. 13 PART IPRELIMINARY 1. Citation These Regulations may be cited as the Financial Services (Supervisory Levy for Banks) Regulations. 2. Interpretation In these Regulations, unless the context otherwise requires— “Act” means Financial Services Act; “bank” has the meaning ascribed to that term in the Banking Act; “banking business” has the meaning ascribed to that term in the Banking Act; “non-performing loans” has the same meaning as defined in the Financial Services (Financial Asset Classification for Banks) Directive; “Registrar” means the Registrar of Financial Institutions appointed under the Act; and “regulatory governance” means the capacity to manage resources efficiently and to formulate, implement, and enforce sound prudential policies and regulations within the premises of legal mandate and in accordance with internationally accepted supervisory standards. 3. Objectives The objectives of these Regulations are to— (a) ensure that banks contribute towards the costs incurred by the Registrar in discharging his supervisory functions; and (b) strengthen and enhance a sound regulatory governance framework that will promote financial sector stability and soundness in Malawi. PART IIPAYMENT AND ASSESSMENT OF SUPERVISORY LEVY 4. Methodology for assessing supervisory (1) A bank shall pay a supervisory levy as set out in the Schedule. (2) The amount of supervisory levy payable under subregulation (1) above shall be subject to— (a) a minimum supervisory levy of K25,000,000 or such minimum amount as the Registrar may prescribe through a circular to all banks; and (b) a maximum supervisory levy of K75,000,000 or such maximum amount as the Registrar may prescribe through a circular to all banks. (3) The non-performing loan ratios prescribed in subregulation (1) above shall be based on audited financial statements of the bank of the preceding financial year. (4) Where audited financial statements have not been provided to the Registrar within the timelines stipulated in the Act or the Financial Services (Annual Audits for Banks) Directive, the non-performing loan ratios shall be based on December call reports of the preceding financial year. (5) A bank shall pay the supervisory levy prescribed under this provision to the Registrar by 30th April of each year. 5. Payment of supervisory levy (1) The Registrar shall— (a) debit the supervisory levy from the main account of the bank maintained at the Reserve Bank of Malawi; and (b) notify the bank in writing prior to debiting the account. (2) Where the bank does not maintain an account with the Reserve Bank of Malawi, the bank shall pay the supervisory levy through a bank certified cheque or electronic transfer payable to the Reserve Bank of Malawi within ten working days after being notified by the Registrar. 6. Review of methodology for assessing supervisory levy (1) The methodology for assessing and determining the amount of supervisory levy to be paid by a bank, as prescribed in regulation 4 above, shall be subject to review from time to time by the Registrar through circulars to banks. (2) A newly licensed bank shall not be subject to assessment of supervisory levy until after twelve months from date of commencement of its operations. (3) The waiver in subregulation (2) shall not apply to new entities arising from mergers, amalgamations, acquisitions, conversions or similar transactions. 7. Use of supervisory levy All supervisory levies and penalties collected under these Regulations shall accrue for the benefit of the Registrar in his discharge of supervisory functions in line with the provisions of the Act. PART IIIENFORCEMENT 8. Enforcement (1) The Registrar shall impose a penalty interest, for each day of default, at the ruling bank rate on a bank which fails to pay the supervisory levy within the period stipulated under regulation 5. (2) The penalty in subparagraph (1) shall not be annualized. 9. Administrative penalties In addition to the penalty interest prescribed in regulation 8, the Registrar may impose directions, administrative penalties and enforcement actions as provided for in the Act and the Banking Act. 10. Revocation of G.N. 26/2012 The Financial Services (Supervisory Levy for Banks) Regulations, 2012 are hereby revoked. reg. 4 (1) SCHEDULE PAYMENT AND ASSESSMENT OF SUPERVISORY LEVY 1. Bank that has a non-performing loans ratio of 5 per cent or less shall pay a supervisory levy amounting to 0.1 per cent of the value of its non-performing loans. 2. Bank that has a non-performing loans ratio of above 5 per cent but not more than 10 per cent…

EXCHANGE CONTROL: SUBSIDIARY LEGISLATION EXCHANGE CONTROL REGULATIONS ARRANGEMENT OF REGULATIONS REGULATION PART IPRELIMINARY 1. Citation 2. Interpretation 3. Authorized dealers 4. Directions 5. Exemptions 6. Power to obtain information PART IIBULLION 7. Application of Part 8. Transfer of bullion out of Malawi 9. Limitation on purchase of bullion, etc. PART IIIMONETARY CONTROL 10. Dealings in foreign currency 11. Transfer of foreign currency out of Malawi 12. Transfer of Malawi currency out of Malawi PART IVCONTROL OF CERTAIN PAYMENTS, ETC. 13. Exception 14. Control of certain payments in Malawi 15. Control of certain payments outside Malawi 16. Control of certain transactions 17. Certain loans prohibited PART VSECURITIES AND FOREIGN SECURITIES CONTROL 18. Issue, etc., of securities 19. Taking, etc., securities out of Malawi 20. Foreign securities PART VICOMPANIES 21. Interpretation 22. Forein companies 23. Transfer of control of body corporate 24. Loans to bodies corporate PART VIIMISCELLANEOUS 25. Possession of foreign currency prohibited 26. Blocked accounts 27. Travellers 28. Residents leaving Malawi 29. Payments for export of moveable property, etc. 30. Provisions relating to the import of moveable property PART VIIILEGAL PROVISIONS AND OFFENCES 31. Legal proceedings 32. Contracts, etc. 33. False statements 34. Evasion of Regulations 35. Restrictions on disclosure of information 36. Forfeiture, etc. 37. Offences by body corporate G.N. 89/198479/198586/198626/198750/1993 EXCHANGE CONTROL REGULATIONS under s. 3 PART IPRELIMINARY 1. Citation These Regulations may be cited as the Exchange Control Regulations. 2. Interpretation (1) In these Regulations— ‘‘authorized dealer’’, in relation to any particular regulation, means a person appointed pursuant to regulation 4 for the purpose of that particular regulation; ‘‘the Bank’’ means the Reserve Bank of Malawi established under section 3 of the Reserve Bank of Malawi Act. (2) For the purposes of these Regulations, a personal representative of a deceased person shall, unless the Minister otherwise directs, be treated as resident where the deceased person was resident at the time of his death so far as relates to any matter in which the personal representative is concerned solely in that capacity. (3) Notwithstanding any rule to the contrary, the Minister may give directions declaring that for all or any of the purposes of these Regulations a person is to be treated as resident or not resident in Malawi or any other territory, and the person shall be treated for the purposes of these Regulations as being so resident or, as the case may be, not so resident. (4) Any permission under these Regulations— (a) may be either general or specific; (b) may be revoked or varied by the person giving the permission; (c) may be absolute or conditional; (d) may be limited to expire on a specified date, unless renewed; and (e) shall be published in such a way as, in the opinion of the person giving the permission, to give any person entitled to the benefit of it an adequate opportunity of getting to know of it, unless in his opinion publication is not necessary for that purpose. (5) Where the doing of an act by any person who has a particular attribute or stands in a specified relation to any property is prohibited by these Regulations, the doing of that act by two or more persons is likewise prohibited notwithstanding that only one or some of those persons have that attribute or stand in that relationship. 3. Authorized dealers The Minister may appoint any person to be an authorized dealer for the purposes of any regulation, and may revoke or vary any such appointment. 4. Directions The Minister may give— (a) general directions indicating the considerations to which authorized dealers or the Bank should have particular regard in carrying out functions under these Regulations; or (b) specific directions to an authorized dealer or the Bank with respect to the carrying out of any of those functions, and an authorized dealer and the Bank shall comply with any such direction so given. 5. Financial provision (1) The Minister may, by Order published in the Gazette, exempt from the operation of any regulation any act or transaction, or any class of acts or transactions, either unconditionally or subject to such conditions as are specified in the Order. (2) The Minister may, by Order published in the Gazette, vary or revoke any Order made under subregulation (1). 6. Application to the Government (1) The Minister may, by notice in writing to any person, require that person to furnish within the period specified in the notice such information as the Minister requires with respect to any act, transaction, matter or thing to which any provision of these Regulations applies, and to produce books, documents or other records, relating to it, in his custody or under his control. PART IIBULLION 7. Application of Part (1) In this regulation, ‘‘wrought gold’’ means gold and gold alloys which, on sight, appear to…

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 1. Citation These Regulations may be cited as the Business Licensing Regulations. 2. Interpretation 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. 6. Business premises 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. 8. Compounding offences 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. 10. Fees payable The fees specified in the Fourth Schedule hereto shall…