Legal Consultation And Advisory

Legal Consultation And Advisory

Facilitation Of Company Registration

Company Registration

Through the legal division, SEDCO facilitates company registrations for existing and aspiring entrepreneurs.

Who can facilitate company registration?

No person other than a Legal Practitioner may prepare company Memorandums and Articles of Association in expectation of a fee, gain, reward direct or direct to himself or to any other person. Payment for company formulation will only be charged for by Legal Practitioners. Any other person may formulate company Memorandums and Articles of association and will NOT expect any fee gain, or reward. Should he do so, he shall be guilty of an offense and liable on conviction in respect of the offense.

Company Renewals

Every company including a foreign company shall not earlier than the 1st of July or later than 31st August of any calendar year make annual returns in the prescribed Form C accompanied by the prescribed fee. The annual return shall be signed by one of the directors or secretary of the company and a copy shall be lodged with the office of the Registrar of Companies accompanied by a receipt of payment from the government revenue. Public companies and Associations not for gain shall send to the Registrar of Companies a copy of the companies and associations annual financial statements.

Company Forms For Registration and Updates

      • FORM J
      • FORM C

For assistance, you can contact:

Nomcebo Mavuso
Phone: +268 24042811
Email: business@sedco.co.sz

Step 1

A unique company name has to be reserved in the company register before registration of the company. This involves searching from our registers (manual and automated) if the name is available and free for use. This process is done over the counter and available online. If the chosen name is free for registration, a reply in writing or a reply online will be given. The name shall be reserved for a period of three months after which it will expire and maybe reserved by anyone.

Step 2

Once this process has been done, Memorandums and Articles of Association will then be

lodged with the office of The Registrar of Companies in Eswatini. Such other documents will include:

·         Memorandums and articles of association

·         Reservation application and reply

·         Directors graded tax numbers

·         Directors Identity Documents

·         Declaration of Compliance

·         Payment receipts for company registration (depending on Nominal Capital)

Fees

Payment fees where Nominal capital does not

exceed E10.000 > (E645.00)

•        does not exceed E 30.000 > (E945.00)

•        does not exceed E 50.000 > (E1245.00)

•        exceeds E 50.000 < (E1845.00)

 

How Long it takes

It will take a period of seven days to register a company. A Form J should be lodged within 21 days from the date of Incorporation of the company. This is a form for confirmation and alterations for company directors and members of the company.

Requirements of registering foreign companies locally

A foreign company shall within 21 (twenty-one) days after establishing a place of business in Eswatini lodge with the office of the Registrar of Companies in compliance with the Companies Act;

  • A certified copy of the Memorandum and Certificate of Incorporation of the company in English and if not written in English a certified translation in English from the country of origin.
  • A notice of a registered office in Eswatini which shall be a place located in premises to which all communications be addressed to and delivered.
  • A registered postal address to which all mail notices may be served.
  • The name and address of the auditor of the company in Eswatini.
  • Each director if permanently employed will provide his full forenames, surnames, or any other name, his nationality, occupation, his relevant qualifications, his residential, business, and postal address, proof of compliance with the immigration laws, and his date of appointment in the company.
  • The local manager, secretaries, and any other member of the executive will also submit their full forenames, surname, nationality occupation, relevant qualifications, their residential, business, and postal addresses, proof of compliance with immigration laws, and their appointment in the company.

Fees

Payment fees where Nominal capital does not exceed E10.000 > (E645.00)

      • does not exceed E 30.000 > (E945.00)
      • does not exceed E 50.000 > (E1245.00)
      • exceeds E 50.000 < (E1845.00)

Facilitation of Trading Licence Applications & Renewal

OBTAINING A TRADING LICENCE

Trading Licence applicants are required to fill in an application form and submit it to the licensing officer, an advertisement for the licence is done within three working days and a trading licence can be obtainable within the three working days. The advertising fee is E50.00 payable at the Revenue Office of that particular region.

Requirements for obtaining a Trading Licence for companies under an urban area:

      • Lease agreement/proof of ownership
      • Temporary resident permit (if you are not Swazi)
      • Citizenship certificate-ID
      • Certificate of incorporation
      • Memorandum and Articles of Association
      • Form J
      • Form C

Requirements for obtaining a Trading Licence for companies on private property or farm

      • Bank statement
      • Lease agreement/ Title Deed
      • Certificate of incorporation
      • Memorandum and Articles of Association
      • Form J
      • Minister’s authority
      • ID Card copies

Requirements for obtaining a Trading Licence for companies on Swazi nation land

      • ID card copies (Directors)
      • Certificate of Incorporation
      • Memorandum and Articles of Association
      • Lease Agreement/proof of ownership
      • King’s Consent/recommendation letter from Swazi Commercial Amadoda
      • Form J
      • Form C