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the application form in Microsoft Word format
1. PROCEDURES FOR VARIOUS
APPLICATIONS
PRESENTED BELOW IS A DESCRIPTION OF THE INVESTMENT APPROVAL
PROCESS UNDER ONE STOP INVESTMENT CENTRE
A non-refundable processing fee of US$ 125.00, or its equivalent,
shall apply in all cases of new applications for an investment licence.
BUSINESS INCORPORATION
1. Any Investor investing an amount equal to or above US$ 50,000.00
shall be required to make an application for an Investment Licence
from Malawi Investment Promotion Agency (MIPA);
2. The applications shall be accompanied by a Business Proposal
providing full details of the project and its requirements; (expatriate
staff, land etc.)
3. Upon receipt of the application, the Malawi Investment Promotion
Agency (MIPA) shall process the application and a background check
on the company shall be conducted. The application shall be summarised
and sent to the Investment Approval Committee for appraisal and
approval;
4. When the Committee is satisfied with the application, it shall
approve and issue an investment licence;
5. Upon approval the investor shall be required to pay US$ 500.00
or an equivalent amount in Malawi Kwacha for the investment certificate.
6. All companies shall be incorporated with the registrar of companies.
Note: New investors shall
be required to state their project requirements (staffing, land,
incentives applications etc.) at this stage so that issuance of
the Investment Licence shall be complete covering all investment
requirements.
RESIDENCE PERMIT AND EMPLOYMENT PERMIT
The following is the procedure for obtaining a Business Residence
Permit or Temporary Employment Permit (TEP):
1. Investors shall submit an application to the Secretariat
for either Business Residence Permits (BRPs) of Employment Permits
(EPs);
2. New applications for Business Residence Permits (BRP) shall include
duly completed application forms for BRP, a business proposal that
shall include full details of the proposed investment project, 2
passport size photos, and a police clearance report from country
of origin.
3. New applications for an Employment Permit (EP) shall include
duly completed application forms, 2 copies of curriculum vitae of
the applicant, and 2 passport size photos;
4. The processed applications shall be presented before the Investment
Approval Committee which shall approve or reject, as the case may
be;
5. The General Manager/Chief Executive of Malawi Investment Promotion
Agency (MIPA) shall immediately obtain the Employment Permit (EP)
and the Business Residence Permit (BRP) from the Chief Immigration
Officer;
6. Upon issuance of the Business Residence Permit (BRP) or Employment
Permit (EP), the investor shall be required to pay US$ 800.00 and
the US$ 820.00 or an equivalent amount in Malawi Kwacha for the
issuance of Business Residence Permit (BRP) and Employment Permit
(EP) respectively.
LAND
The process shall be as follows:
1. An investor shall submit an application to Malawi
Investment Promotion Agency (MIPA) for allocation of land for investment;
2. The application shall be accompanied by a Business Proposal that
will give detailed information of the project.
3. The Malawi Investment Promotion Agency (MIPA) shall process the
application for the Investment Approval Committee;
4. Upon allocation of land, the General Manager / Chief Executive
of Malawi Investment Promotion Agency (MIPA) shall then work with
Ministry of Lands for issuance of a Title Deed.
5. All the payments made by investors on issuance of land shall
be paid to Ministry of Lands through the Malawi Investment Promotion
Agency (MIPA).
INVESTMENT INCENTIVES
The process for accessing investment incentives shall be as
follows:
1. The investor shall submit an application for incentives
accompanied by a detailed project proposal or business description;
2. The Malawi Investment Promotion Agency (MIPA) shall receive and
present the application before the Investment Approval Committee;
3. Based on the incentives guidelines, the Investment Approval Committee
shall grant or deny incentives, as the case may be;
4. The General Manager / Chief Executive of Malawi Investment Promotion
Agency (MIPA) shall notify the applicant about the outcome of the
decision by the Investment Approval Committee within 10 calendar
days;
2. COMPANY REGISTRATION PROCEDURES
• Name of Registration:
The Companies Act allows for registration of external companies.
The Act defines an external company as a body corporate formed outside
Malawi, which establishes or maintains an established place of business
in Malawi. A company incorporated outside Malawi may therefore establish
a liaison office in Malawi.
• Registration Agent:
Normally a legal firm acts as the registration agent and the registration
fees are payable in Malawi Kwacha.
• Duration of Registration:
Maximum 14 days.
• Cost of Registration:
Registration fees depend on the share capital of the company. Agent's
fees are also calculated depending on the share capital but the
minimum fee payable is K5, 000.00.
• There is no cost of registration
maintenance
• No need for renewal of registration
• Representative in registration:
normally advisable to have a local legal firm handles the process
of registration.
• Obligation for Registration
• A company is required to maintain
accounts
• Employment of national staff
encouraged but not obligatory
• Income tax and corporate tax
both obligatory
• Not obligatory to announce company
in media
• Cancellation of Registration
• If an external company ceases
carrying on business in Malawi, it simply informs the Registrar
of Companies by filing a Notice of Cessation of Business in Malawi.
There is no cost and this can be done in a matter of days.
• Necessary Documents for Registration
• Articles of Association
• Memorandum of Association
• Address and PIC to send documents:
Advisable to use a legal firm as registration agent and or company
secretary.
• Advisable to submit three copies
• Being an external company notary
public will be obligatory.
The documents must be notarized in the country
of origin.
• Documents should
be in English
• Courier service: DHL, Skynet,
TNT.
FOR MORE INFORMATION, CONTACT:
WILLIAM FAULKNER
Attorneys at Laws
Aquarius House
P.O. Box 30636
Capital City
Lilongwe 3
Click here to download
the application form in Microsoft Word format
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