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Procedures and Fees for Various Applications All application procedures and application forms can be obtain from:

Malawi Investment Promotion Agency (MIPA)
Tel:
. (265) 01 770 800
Fax: (265) 01 771 781
E-mail: mipall@malawi.net
Postal Address: Private Bag 302, Capital City, Lilongwe 3, Malawi.


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
  • There is no need for renewal of registration

Representative in Registration
Normally advisable to have a local legal firm that handles the process of registration.

Obligations 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
MALAWI

Tel: (265) 01 775 294
Fax: (265) 01 775 373
E-mail: achinula@sdnp.org.mw

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A non-refundable processing fee of US$ 200.00, or its equivalent, shall apply in all cases of new applications for an investment license.


Business Incorporation Procedures

  1. Any Investor investing an amount equal to or above US$ 50,000.00 shall be required to make an application for an Investment License 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 summarized 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 license
  5. Upon approval the investor shall be required to pay US$ 800.00 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 License shall be complete covering all investment requirements.

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Residence Permit And Employment Permit Application Procedures
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 US$ 820.00 or an equivalent amount in Malawi Kwacha for the issuance of Business Residence Permit (BRP) and Employment Permit (EP) respectively

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Land Application Procedures
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)

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Investment Incentive Application Procedures

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

All application procedures and application forms can be obtain from:

Malawi Investment Promotion Agency (MIPA)
Tel:
. (265) 01 770 800
Fax: (265) 01 771 781
E-mail: mipall@malawi.net
Postal Address: Private Bag 302, Capital City, Lilongwe 3, Malawi.


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