Malawi
Businesses Licensing Act
Chapter 46:01
- Commenced on 27 May 2013
- [This is the version of this document at 31 December 2014.]
- [Note: This version of the Act was revised and consolidated in the Fifth Revised Edition of the Laws of Malawi (L.R.O. 1/2018), by the Solicitor General and Secretary for Justice under the authority of the Revision of the Laws Act.]
Part I – Preliminary
1. Short title
This Act may be cited as the Businesses Licensing Act.2. Interpretation
In this Act, unless the context otherwise requires—“auxiliary business” means any business not specified in a business registration which may be lawfully carried on under such registration;“business” means any form of trade, commerce, craftsmanship or specified profession carried on for profit and to which this Act applies;“Business Licence” means a licence issued under section 16;“Business Licensing Centre” means an organ of a Local Authority responsible for administration of this Act in a Local Government area, established under section 7 or a public agency appointed under this Act;“Business Licensing Officer” means an officer appointed under section 9;“Chief Business Licensing Officer” means a public officer designated as such under section 4 (1);“company” means a company incorporated under the Companies Act;[Cap. 46:03]“core activity” means the main activity of a business;“inspector” means a person appointed by the Minister under section 31 and includes an officer in the Ministry;“Local Authority” means a City, Town, District or Municipal Council established under the Local Government Act;[Cap. 22:01]“Malawi Investment and Trade Centre” means the Malawi Investment and Trade Centre incorporated under the Companies Act on 2nd December 2010;[Cap. 46:03]“publication” means publication of information relating to Business Licensing Centres in electronic form or through printed material to all Ministries and to the general public;“regulated business” means a business regulated by any written law; and“the Ministry” means the Ministry responsible for trade.Part II – Administration
3. Responsibilities of the Minister
4. Functions of the Chief Business Licensing Officer
5. Main registry of Business Licences
6. Reports and financial statements
Part III – Business Licensing Centres
7. Establishment of Business Licensing Centres
8. Functions of Business Licensing Centres
The functions of a Business Licensing Centre shall be to—9. Appointment and functions of Business Licensing Officers
10. Registry of Business Licences
11. Correction of errors in registers
The following provisions shall apply to errors in any register managed and maintained under this Act—Part IV – Licensing of business activities
12. Regulated and unregulated businesses
13. Exemptions
14. Application for issuing or renewal of a Business Licence
15. Particulars of an application
16. Grounds for refusal to issue or renew Business Licence
17. Validity of a Business Licence
18. Annual return
Every applicant for renewal of a Business Licence shall submit to the Business Licensing Centre in the Local Authority where the business is located or any public agency appointed as a Business Licensing Centre an annual return in the prescribed form showing, inter alia—19. Extent of authority of a Business Licence
Nothing in this Act shall entitle any person to conduct business in contravention of any law governing activities of the business, including—20. Premises to have a conspicuous sign
Every set of premises specified in a Business Licence under section 12 (4) shall bear, in legible alphabetical or numerical characters on a conspicuous part of the premises, the name of the licensee.21. Exhibition of Business Licences
Every person who is issued with a Business Licence under this Act shall exhibit the Business Licence in a conspicuous place in the premises where the business is carried on.22. Local Authority not to issue a Business Licence, permit or other authorization
Save as otherwise provided under any other written law, no Local Authority, its agent or any other person shall have the power to issue any Business Licence, permit or authorization that serves as a precondition for the right to conduct a business.Part V – Suspension, revocation and cancellation of Business Licence
23. Amendment, cancellation, revocation or suspension of a Business Licence
24. Notification of intention to amend, cancel, revoke or suspend a Business Licence
Where the Business Licensing Officer is satisfied that—25. Right to be heard
Any person who has been served with a notice under section 24 shall be given an opportunity of appearing and making representation relevant to the proposed action, to the Business Licensing Officer who shall consider the representation and make his decision in writing within fourteen days.26. Appeals
Part VI – Obligations of an owner, manager or person in charge of a business
27. Notification to the Business Licensing Officer
28. Replacement of a lost or destroyed Business Licence
Any person whose Business Licence has been defaced, lost or destroyed may, upon application and payment of the prescribed fee, obtain a duplicate business licence from the Business Licensing Officer for the Local Authority in which his business is licensed.Part VII – Transfer of Business Licences
29. Transfer of a Business Licence
Part VIII – Businesses by non-Malawians
30. Businesses by non-Malawians
Part IX – Appointment and powers of inspectors
31. Appointment of inspectors
32. Powers of inspectors
Part X – Offences
33. Offences
34. Compounding offences
35. Failure to surrender a Business Licence
A person who fails, without a reasonable excuse, to surrender to the Business Licensing Officer a Business Licence that has been suspended, cancelled or revoked, commits an offence and, on conviction, shall be liable to a fine equivalent to ten per cent of the annual turnover of the business.Part XI – Miscellaneous provisions
36. Reserved businesses
The Minister may, for purposes of promoting the participation of Malawians in economic activity, by order published in the Gazette, reserve some businesses to be carried out by Malawians only.37. Regulations
38. Immunity
No person shall, in his personal capacity, be liable in civil or criminal proceedings in respect of any act or omission done in good faith in the performance of duties or functions under this Act.39. Repeal and savings
40. Transitional provisions
All Business Licences and exemptions granted under the Business Licensing Act shall remain in force until on such a date as the Minister shall appoint by notice published in the Gazette and whereupon they shall lapse and holders thereof shall be required to obtain licences in accordance with this Act.[Cap. 46:01]History of this document
31 December 2014 this version
Consolidation
27 May 2013
Commenced
Subsidiary legislation
Title
|
Date
|
|
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Business Registration (Amendment) Regulations, 2020 | Government Notice 42 of 2020 | 10 September 2020 |
Business Licensing (Licence Fees) Regulations, 2020 | Government Notice 26 of 2020 | 3 July 2020 |
Business Licensing (Deployment and Usage Electronic Payment Channels) Regulations, 2019 | Government Notice 36 of 2019 | 26 July 2019 |