Deloitte namibia changes to the 2004 companies act made in 2011. Therefore where an inquiry is made pertaining to a namibian director in relation to negligence, reckless conduct or fraud, the legal rules are the same for all directors of a namibian company. University of namibia university of namibia act, 1992 act no. We are the leading resource for freely available legislation in south africa and are used daily by thousands of professionals and industry leaders. The namibian companies act 28 of 2004, amended 2011, contains a numberof provisions that will directly impact all companies, directors and officers. Birth, marriage and death registration act, act no. Acts online provides legislation, including amendments and regulations, in an intuitive, online format. The companies act, 20 has been notified in the official gazette on 30th august, 20 but the provisions of this act shall come into force on such dates as the central government may notify in the. Ours is now a country known for its institutionalised democracy, peace and stability, and a wellmanaged economy. Signed by the president as amended by act to provide for. Government gazette of the republic of namibia windhoek 28 february 1994 contents page government notice no.
The act was signed by the president on 8 april 2009, but implementation was deferred to accommodate necessary amendments. Republic of namibia 7 annotated statutes companies act 28 of 2004 159. Understanding the new companies act pwc south africa. Namibia refugees recognition and control act, act no. This information booklet serves as an explanatory guide to, and general reference tool about the stipulations of the. This act may be cited as the companies act, 2011, and shall come into operation on such a date as the minister may, by notice published in the gazette, appoint. Act online ministry of trade and industry, namibia consulted on 2008 0519 abstractcitation. The current rate of corporate income tax is 34% commencing on. The taxable income of external companies is computed in the same way as for local companies. Limitation of period to incorporate close corporations or convert companies 3.
With acts you are guaranteed the latest and most up to date resource for your legislative needs. This act brought the namibia investment centre within the ministry of trade and industry into being, to facilitate the promotion and administration of foreign investments. The ombudsman act of 1990 is included in the constitution. Registration of shortened form of name or defensive name 50. Guidelines for corporate law reform may 2004, a policy document developed by the department of trade and industry the dti. To provide for the incorporation, management and liquidation of companies. The nta will act as a collecting agent and will be responsible for the administration of the vet fund in namibia. Enforcement of duty on companies to make return to registrar 17. It should firstly therefore be noted that the namibian companies act has no distinction between independent and executive directors. Provides for the incorporation, management and liquidation of companies. In this article we have given all the reference books and book authors and topics and contents about the book the companies act 20. Administratorgeneral for state president territory for republic, except in sections 92. Namibia post and telecom holdings limited post telecommunications companies establishing act, 1992 act no. Section 1 of the agricultural commercial land reform act, 1995 hereinafter referred to as the principal act, is hereby amended a by the substitution for the definition of alienate of the following.
This information should be considered in conjunction with the act itself. The provisions of the act set the bar for competent directors at much higher levels than we have seen in the past. Kuugongelwa amadhila minister of finance windhoek, 16 january 2015 schedule arrangement of regulations 1. The mandate states that any violations of human rights must be recognised by the office and the ombudsman must protect the people against further infringements. The draft regulations are released for further stakeholder engagement, and in preparing this draft regulations the dti took into account the companies act, 2008 and companies. Accordingly no person, entity or corporation should act or rely upon any matter or. Also given links to download companies act 20 book pdf in this web portal. Since then we have, without exaggeration, reached a number of important milestones in our development. Most of the amendments made, however, relate to a modernisation of the act with wording amendments, from south west africa to namibia, to remove gender bias, to include namibian legislation. Companies act 71 of 2008 english text signed by the president assented to. The land bill when passed as legislation will have a major e fect on foreigners investing in agricultural land namibia. Companies amendment act 3 of 2011 act to provide for the incorporation, registration, organisation and management of companies, the capitalisation of profit companies, and the registration of offices of.
Companies amendment act, 64 of 1977 revenue laws amendment act, 114 of 1977 registration and incorporation of companies in south west africa proclamation 234 of 1978 companies amendment act 59 of 1978 companies amendment act 3 of 1989 general note. One of the focuses of the ombudsmen and the office is to uphold the freedom and rights of people in namibia. Government notice 173 of 2010 gg 4536 came into force on 1 november 2010 regulation 65 as amended by. Companies act 28 of 2004 legal assistance centrenamibia. The cipc can issue guidance to the public by issuing explanatory notices outlining its procedures or publishing nonbinding opinions on the interpretation of any provisions of the act in terms of section 1882b of the companies act, 2008. The new investment act anticipated to come into force in november is expected to bring about fundamental changes to the countrys trade and investment arena. Appointment of registrar, deputy registrar and delegation of power.
Companies act 2008 and the companies amendment bill 2010 published in gazette no 33695 of 27 october 2010. Section 5 of the legal practitioners act, 1995 act no. The officewill be open to the public from mondays to fridays from 09. Namibia agronomic board agronomic industry act, 1992 act no. The primary legislation governing immigration in namibia is the immigration act of 1993. This document serves as the primary source for all immigration services provided in namibia and its framework has been designed with a pragmatic approach.
Effect of conversion on legal status schedule 3 amendment of laws a. Republic of namibia 1 annotated statutes regulations companies act 28 of 2004 companies administrative regulations, 2010. Be it enacted by the parliament of the republic of namibia, as follows. The pkf worldwide tax guide 20 wwtg is an annual publication that provides an overview of the taxation and business regulation regimes of the worlds most significant trading countries. General application of act and preservation of rights of existing companies. Companies act 28 of 2004 gg 3362 brought into force on. Application of companies act, banking institutions act, 1998, and other laws 4. The simplicity and flexibility reflected in the act will contribute significantly to promote. The implementation of the liquor act 6 of 1998 in namibia is currently in limbo. For guidance, the developers looked to south african company law for the 21st century. Five years down the line a lot has happened on the.
Road traffic and transport amendment act 2008 road traffic and transport amendment act, 2008 act no. Deloitte namibia changes to the 2004 companies act made. Governmentgazette ofthe republicofnamibia ro,80 windhoek 30december 1991 no. Republic of namibia namibias fourth national development. Signed by the president on 21 december 1996 arrangement of act 1. Companies act 28 of 2004 act namibia legal database. In the form titled document 5 in annexure a to the regulations aindicate the % shares in the applicant held by previously disadvantaged namibians. The companies act 20 pdf book is free and available here to download.
Republic of namibia namibia qualifications authority. The following act which has been passed by the parliament and signed by the president in terms of the namibian constitution is hereby published in terms of article 56 of that constitution. This an act to consolidate and amend the law relating to companies. Capital rules in the companies act 71 of 2008 university of. The act was signed by the president on the 9th april 2009 and gazetted in gazette no.
The companies act, 20 passed by the parliament has received the assent of the president of india on 29th august, 20. Furthermore, the objective of the foreign investment, 1990 act no. It is now some 22 years since namibia gained her political independence, when we became masters of our destiny. This booklet provides insight into how creditors may. Please refer to schedule 5 of the new companies act, no. The cipc released the following additional information to assist in the application and implementation of the companies act. The namibian companies act, act 28 of 2004 the act contains a number of provisions that will directly impact all companies, directors and officers. An act to provide for the formation, management, administration and windingup of.
New investment act to bring wholesale changes the namibian. Most of the amendments made, however, relate to a modernisation of the act with wording amendments. Library and information service act 2000 namibia film commission 20006 namibia library and information service act 20004 namibia press agency amendment act, 2004 national arts fund of namibia act, 2005 act no. Application to registrar of companies and close corporations 3. Companies act no 71 of 2008 872kb pdf maatskappywet no 71 van 2008 685kb pdf companies amendment act, no 3 of 2011 2mb pdf companies regulations, 2011 pages 1 107 3,1mb pdf companies regulations, 2011 pages 108 212 4,2mb pdf companies regulations, 2011 pages 2 320 6,5mb pdf memorandum on the objects of the companies.