Registering a company

Procedure to form and register a company in Botswana:

The applicant submits three possible names for the company to the Department of Registrar of Companies. After approval of one of the names the applicant will furnish Company Secretaries with the following information:

• the main operations of the company;
• the minimum and maximum number of directors to be specified in the Memorandum and Articles of Association, with directors' names and addresses;
• authorised share capital of the company together with the shareholding;
• the quorum for directors' and members' meetings.

Company Secretaries will then forward the furnished material to attorneys, who in liaison with the Registrar of Companies, will process the necessary documents and formally set up the company.

All the necessary forms for registration and maintenance of the company are available for download. Click here to download the file in PDF (1,4Mb).

Useful Contact:
Registrar of Companies
P.O. Box 102, Gaborone
Tel: +2673188754, Fax: +2673188310

Licensing

The Department of Industrial Affairs through the Licencing and Protection Division (Ministry of Trade and Industry) ensures that industrial licences for the manufacture of industrial goods are issued in accordance with the provisions of the Industrial Development Act.

Licences are subject to renewal every year. The National Industrial Licencing Authority sits once a month to consider applications and decisions are communicated to the applicants within a week.

The following are required on application for an industrial licence:

• Detailed business plan
• Certificate of Incorporation
• List of directors (Form 2)
• Share certificates (Form 4)
• Memorandum of Association
• Curricula Vitae of management team
• Work and residence permits for foreign investors, or a certified copy of the national identity card in case of local investors
• Lease agreement or title deed for owned business plots, or lease agreement between the lessor and the lessee in case of rented business plots
• Health inspection report
• Factory inspection report

Useful Contact:
Director
Department of Industrial Affairs
Private Bag 0014
Tel: +2673957406, Fax: +2673972910

Factory Legislation

The Factories Act establishes the minimum working conditions required on work premises. These conditions include cleanliness of the premises, adequate ventilation, prevention of overcrowding, sufficient lighting, adequate sanitation and safety precautions. The Chief Inspector of Factories receives a copy of the factory plan from the local authority for comment prior to plan approval. If the premises are rented, the Chief Inspector should be invited to visit the premises before the lease agreement is signed.

Health Inspection

The Public Health Act provides regulations to protect the population from unhealthy or medically dangerous situations. These include minimum standards for the food industry and the approval of food factories by the Chief Health Inspector.