Regulation No.95/2003 Commercial Registration and Licensing Council of Ministers /Amendment/ Regulation | GOALGOOLE | Because you need Information for your goals !
7023 Bole Kifle Ketema, Addis Ababa, Ethiopia
0116616179/85 mcc@ethionet.et

Regulation No.95/2003 Commercial Registration and Licensing Council of Ministers /Amendment/ Regulation

COUNCIL OF MINISTERS REGULATION No 95/2003 COUNCIL OF MINISTERS REGULATION TO AMEND THE FEDERAL GOVERNMENT COMMERCIAL REGISTRATION LICENSING REGULATION

This Regulation is issued by the Council of minister Pursuant to Article 5 of the Definition of Powers and Duties of the Executive Organs of the Federal Democratic Republic of Ethiopia Proclamation No. 4/1995 and Article 47 of the Commercial Registration and Licensing Proclamation No. 67/1997.

1.    Short Title
This Regulation may be cited as “Commercial Registration and Licensing Council of Ministers /Amendment/ Regulation No. 95/2003.”

2.    Amendment
The Federal Government Commercial Registration and Licensing Council of Ministers Regulation No. 13/1997 is hereby amended as follows:-
1.    The following new Sub-Article (5) is added to Article 3 of the Regulation. ment Commercial
5. The appropriate Authority shall determine the number of copies of photographs and documents to be attached with the applications submitted pursuant to the Proclamation and this Regulations.
2. Article 4 of the Regulation is being cancelled and replaced by the following new Article 4.
4.  Principal Commercial Registration of a Sole Business person
Where the applicants is a sole business person the application shall be submitted together the following documents.
1.    Photo copies of the power of authority when the application is signed by an agent;
2.    Recent photographs of the applicant;
3.    Photo copies of identify and or pages of valid passport of the applicant.
3. Article 5 of the ‘Regulation is being cancelled and replaced by the following new Article 5’
5.  Principal Commercial Registration of Business Organization other than a Share Company
Where the applicant is a Business Organization under formation other than a Share company the application shall be submitted together with the following documents.
1.    Photo copies of the power of authority when the application is signed by an agent;
2.    Memorandum and Article of Association the Business Organization
3.    Photo copies of identity cards of Ethiopians or documents evidencing foreign nationality considered as domestic investors or pages of valid passport of foreign nationals which are share holders of the Business Organization under formation;
4.    Where there is a juridical person involved in the business organization under formation, the photocopies of its certificate of incorporation or similar document and a notarized minutes of resolution passed by the authorized organ of the juridical person, to joint the business organization.
4. Article 6 of the Regulation is being cancelled and replaced by the following new Article 6.
6. Principal Commercial Registration of Share Company
Where the applicant is a share company under formation, the applicant shall be submitted by the founders of their agent together with the following documents.
1.    Photo copies of the power of attorney, where the application is signed by an agent;
2.    A bank statement showing that at least one fourth of the par value of the subscribed shares of the share company is deposited in a closed account;
3.    Minutes of resolution of the subscribers of the share of the company, and such other documents as may be associated with the resolution;
4.    Memorandum and Article of Association of the company; and
5.    Documents stipulated under Sub-Article (3) of Article 5 of this Regulation as may be appropriate.
5. Article 7 of the Regulation is being cancelled.
6. Article 8 of the Regulation is being canceled and replaced by the following new Article 8.
8. Principal Commercial Registration of a Foreign Business Organization
Where the applicants is foreign business  organization the application shall be submitted together with the following documents
1.    Notarized minutes of resolution passed by the authorized organ of the foreign business organization evidencing a decision to open a branch in Ethiopia;
2.    Certificate of incorporation of the foreign business organization;
3.    Photocopies of the power of attorney of the permanent representative of the company in Ethiopia.
4.    Photocopies of identify card or pages of valid passport of the agent; and
5.    Photocopies of memorandum and Article of association of similar documents.
7. Sub-Article (3) or Article 10 of the Regulations is being cancelled and replaced by the following new Sub-Article (3).
3. an undertaking signed to bring into the Country a Minimum of USD 40,000 dollars for office operation expenditure in Ethiopia every budget year.
8. Sub-Article (2) of Article 12 of the Regulation is being cancelled and replaced by the following new Sub-Article (2) and a new Sub-Article (5) is added.
2. For the implementation of the Sub-Article (1) of this Article, the applicants shall submit the following documents, together with the application.
(a)    Where the amendment is to a Business Organization, minutes of Resolution of the Share holders of the Business Organization to make the amendment;
(b)    Where the amendment is to admit a new individual share holder documents stipulated under Sub-Article(3) of Article 5 of this Regulation and
(c)    Where the new member is a juridical person documents stipulated under Sub-Article (4) of Article 5 of this Regulation.
And
5. When there is alternation or addition to be made in the commercial Registration of a sole business person, the applicant shall submit recent photographs, and the same shall be attached with the original and copy of the certificate of Commercial Registration.
9. The following new Sub-Articles (3) and (4) are added to Article 17 of the Regulation.
3. when, a new business license is issued for the following business, a certificate of professional competence or ownership shall be submitted from the following Government Organs:
(a)    For the importation and distribution of human and animal drugs, pesticides and medical appliances a certificate of professional competence obtained from the Drug Administration and Control Authority;
(b)    For Customers Clearance business a certificate of professional competence obtained from the Customs Authority.
(c)    For cargo forwarding and shipping agency business a certificate of professional competence obtained from the Ministry of Development Infrastructure;
(d)    For Grade one works contractor business a certificate of professional competence obtained from the Ministry of Development Infrastructure;
(e)    For trans-regional transport services Business a certificate of ownership of vehicles obtained from the appropriate regional Bureau or the Federal Road Transport Authority as may be appropriate;
(f)    For hunting and Safari Service Business a certificate of professional competence for hunting obtained from wildlife development and conservation agency.
(g)    For press business (news paper or magazine publication) a certificate of professional competence obtained from the Ministry of Information.
4.    Businesses other than those mentioned under Sub-Article (3) of this Article, for which a certificate of professional competence or ownership is needed shall be determined by Regulation to be issued by the Council of Ministers.
10.    The following new Sub-Article (6) is added to Article 18 of the Regulation.
6.    Where there is alternation of amendment to be made in a business License, the applicant shall submit recent photographs to be attached with the original and copy of the business license.
11.    Sub-Article (1) (C) of Article 26 is being cancelled and replaced by the following new Sub-Article (1) (C).
(C). a bank information for having brought into the country a minimum of USD 40,000 dollars for office operation and salary expenditure for the budget year.
12.    Sub-Article 2 of Article 28 is being cancelled and replaced by the following new Sub-Article 2 and the following new Sub-Article 6 is added.
2.    Where, the commercial representative fails to have the certificate renewed within the time limit specified in Sub-Article (1) of this Article, he shall have it renewed within the next six months i.e. from ‘Tir’ to ‘Sene’ 30, by paying in addition to the renewal fee, a penalty of Birr 2,500 (two thousand five hundred) for the month ‘Tir’ and Birr 1,500 (One thousand five hundred), for the next each month of delay.
6.    A commercial representative, who appears for the renewal of his certificate of commercial representative, shall submit a statement written by the Inland Revenue Authority or Finance Bureau for the payment of employment income tax due to him and his employees.
13.    The following new Sub-Article (4) is added to Article 29 of the Regulation.
4.    Where, the certificate of a commercial representative is cancelled because of the failure of the commercial representative to get his certificate renewed in the time stipulated under Sub-Article (1) and (2) of Article 28 or because the other reasons stipulated under Sub-Article 1 of this Article of the Regulation, may obtain the same commercial representative certificate as new, representing any business person or business organization, by paying a penalty of Birr 10,000 (Ten thousand) in addition to the fee prescribed in the schedule.
14.    Fees schedule “A” annexed to the Regulation is being canceled and replaced by new fees schedule annexed herewith; and schedules “B” and “C” are hereby cancelled.
15.    Article 8-34 of the Regulation is renumbered to be Article 7-33.

3.    Effective Date
This Regulation shall enter into force as of the 21th day of November, 2003.
Done at Addis Abba. This 21th day of November, 2003.

MELES ZENAWI
PRIME MINISTER OF THE FEDERAL DEMOCRATIC REPUBLIC OF ETHIOPIA