BIPA Registration https://www.biparegistration.com All Company Registrations in Namibia With BIPA Fri, 13 Sep 2024 09:29:08 +0000 en-US hourly 1 https://wordpress.org/?v=6.6.2 https://www.biparegistration.com/wp-content/uploads/2024/09/cropped-BIPA-Registration-Logo-32x32.png BIPA Registration https://www.biparegistration.com 32 32 236892822 Intellectual Property https://www.biparegistration.com/2024/09/09/intellectual-property/ https://www.biparegistration.com/2024/09/09/intellectual-property/#respond Mon, 09 Sep 2024 19:34:07 +0000 https://www.biparegistration.com/?p=104 What is Intellectual Property (IP)?

Intellectual Property refers to creations of the mind: inventions; literary and artistic works; and symbols, names and images used in commerce.

What are Intellectual Property Rights?

IP rights are enforceable rights over creations of the mind. They are time- or use-bound; and exclusive rights that enable the owner to exclude others from engaging in a variety of acts related to the subject matter (subject to exceptions and limitations as defined in national law, and allowed by international treaties).

IP rights give the creator the right to prevent others from making unauthorised use of their property for a limited period, in exchange of the disclosure of the creative work.

The two domains of Intellectual Property Rights
  • Industrial Property Rights includes patents for inventions, trademarks, industrial designs and geographical indications.
  • Copyright covers literary works (such as novels, poems and plays), films, music, artistic works (e.g., drawings, paintings, photographs and sculptures) and architectural designs.
The institutions that are responsible for Intellectual Property
  • BIPA (Namibian National Institution, as an agency of the Ministry of Industrialisation, Trade and SME Development): https://www.bipa.na
  • ARIPO (African Regional Institution): https://www.aripo.org/
  • WIPO (International Institution): https://www.wipo.int/
Relevant laws establishing IP Institutions
INSTITUTIONOFFICELEGAL INSTRUMENT (Institution established by-)HEADQUARTERSDATE OF ENTERING INTO FOCE/ RATIFICATION/ ACCESSION
Business and Intellectual Property AuthorityNational OfficeBusiness and Intellectual Property Authority, 2016 (Act No. 8 of 2016)Windhoek, Namibia16 January 2017 (entered into force)
African Regional Intellectual Property Organization (ARIPO)Regional OfficeLusaka Agreement on the Creation of the African Regional Intellectual Property Organization (ARIPO)Harare, ZimbabweOctober 14, 2003 (Accession)
World Intellectual Property Authority(WIPO)International OfficeConvention Establishing the World Intellectual Property OrganizationGeneva, SwitzerlandDecember 23, 1991 (Accession)

About the IP Department in BIPA

The core functions of the IP Office are to register and grant intellectual property rights in Namibia. Furthermore, the office promotes the creation, use and protection of IP, and contributes to the development of the domestic, regional and international IP legal frameworks. The focus of the IP Office remains the delivery of outstanding service to the customers through the administration and registration of IP rights; to build an IP-conscious society through various targeted stakeholder engagements; and to participate in the development and improvement of the IP legal frameworks at national, regional and international levels.

About ARIPO

Namibia is a member of the African Regional Intellectual Property Organization (ARIPO), an intergovernmental organisation for cooperation of African states in matters relating to Intellectual Property. ARIPO was established to promote intellectual property in the region as a tool for socio-economic development for its member states.

About WIPO

Namibia became a member of the World Intellectual Property Organization (WIPO) in 1991 and is also a member of the following unions: Madrid (the International Trademarks System); the Patent Cooperation Treaty (the International Patent System); Hague (the International System for Industrial Designs); Paris (for the protection of Industrial Property Rights); and Berne (for the protection of Literary and Artistic Works).

WIPO is an intergovernmental organisation established in terms of the WIPO Convention of 1967. WIPO serves as the global forum for Intellectual Property (IP) services, policy, information and cooperation. The organisation is one of the oldest specialised agencies of the United Nations and has 191-member states, more than 97% of countries in the world. With its headquarters in Geneva, Switzerland, WIPO exists to lead the development of a balanced and effective international IP system that enables innovation and creativity for the benefit of all member states.

About the IP Legal Framework in Namibia

Protection of intellectual property in Namibia is therefore governed in terms of the national legislations, regional agreements administered by the African Regional Intellectual Property Organization (ARIPO) and international agreements administered by the World Intellectual Property Organization (WIPO) as follows:

DOMAINNATIONAL LEGISLATIONREGIONAL INSTRUMENTINTERNATIONAL INSTRUMENT
Trade Marks, Patents, Utility Models, Industrial DesignsIndustrial Property Act, 2012 (Act No 1 of 2012) TRADEMARKSBanjul Protocol on Marks Within the Framework of the African Regional Industrial Property Organization (ARIPO) PATENTS & INDUSTRIAL DESIGNSHarare Protocol on Patents and Industrial Designs Within the Framework of the African Regional Industrial Property Organization (ARIPO)TRADEMARKSMadrid Agreement Concerning the International Registration of Marks (WIPO)PATENTS & INDUSTRIAL DESIGNSPatent Cooperation Treaty (WIPO)Hague Agreement (Geneva Act, 1999) Concerning the International Registration of Industrial Designs (WIPO) UTILITY MODELS & OTHER INDUSTRIAL PROPERTYParis Convention for the Protection of Industrial Property (WIPO)Trade Related Aspects of Intellectual Property Rights (WTO)
Copyright and Related RightsCopyright and Neighboring Rights Protection Act, 1994 (Act No. 6 of 1994)Berne Convention (WIPO)Marrakesh VIP Treaty (WIPO, Namibia signed but not yet ratified)WIPO Copyright Treaty (Signed but not ratified)WIPO Performances and Phonograms Treaty (Signed but not ratified)Beijing Treaty on Audiovisual Performances (Signed but not ratified)Trade Related Aspects of Intellectual Property Rights (WTO)
Traditional Knowledge & Expression of FolkloreSwakopmund Protocol on the Protection of Traditional Knowledge and Expressions of Folklore within the Framework of the African Regional Intellectual Property Organization (ARIPO)
Namibia National Policy on Intellectual Property

The Ministry of Industrialization, Trade & SME Development, through the Business and Intellectual Property Authority, on behalf of the Government of Namibia, launched the first National Policy on Intellectual Property on 23 October 2019 in Windhoek. The Intellectual Property (IP) Policy establishes the framework conducive for innovation and competitiveness through IP education, protection and commercialization. It defines the parameters of the use of IP as a strategic catalyst to accelerate transformational growth at home and contribute to socio-economic development. The policy sets Namibia’s vision for IP, identifies objectives and key strategies and establishes an institutional framework to serve as the coordinating body in IP-related policy and strategic matters.

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Business Registration https://www.biparegistration.com/2024/09/09/business-registration/ https://www.biparegistration.com/2024/09/09/business-registration/#respond Mon, 09 Sep 2024 19:32:46 +0000 https://www.biparegistration.com/?p=102 General Information

Public Companies, Private Companies and NGOs require Memorandum and Articles of Association that need to be certified by a Notary Public who is a member of the legal profession. Therefore applicants applying for any of the business entities are encouraged to use the services of legal practitioners.

Forms for Close Corporations (CC8CC1 and CC2) and Defensive Names (CM5CM8, and CM8A) are available at all offices of the Ministry of Industrialisation, Trade and SME Development (MITSMED) country-wide and at the Namibia Chambers of Commerce and Industry (NCCI) and its branches at no cost.

Once a client has collected their registered documents, they must also ensure compliance with the requirements of other relevant institutions namely:

  • the Ministry of Finance (registration for VAT and Company Tax)
  • the Ministry of Labour
  • the Ministry of Home Affairs (work permits, visas, etc.)
  • the Social Security Commission
  • NAMFISA
  • Local Authority by-laws such as those specified by the City of Windhoek, or local authorities in Swakopmund, Walvis Bay, Keetmanshoop, Oshakati etc.

For a guideline on how to ensure that your business name is succesfully reserved, please click here

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Close Corporation Fees https://www.biparegistration.com/2024/09/09/close-corporation-fees/ https://www.biparegistration.com/2024/09/09/close-corporation-fees/#respond Mon, 09 Sep 2024 19:18:18 +0000 https://www.biparegistration.com/?p=98 Please note that the fees reflected under ‘Effective 01 January 2020’, are the fees payable for an application / service as of 01 January 2020.

FormDescriptionFees
CC1Registration of a Founding StatementN$150-00
CC2Registration of an Amended Founding Statement in respect of particulars in Part A thereofN$ 60-00
CC3Restoration of the registration of a CorporationN$225-00
CC5Registration of an order of the CourtN$ 60-00
CC6Registration of a resolution to wind-up voluntarilyN$ 60-00
CC7Annual DutyN$120-00
CC8Application for reservation of a nameN$ 75-00
CC9Change of the end of the current financial yearN$ 60-00
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Company Application Fees https://www.biparegistration.com/2024/09/09/hello-world/ https://www.biparegistration.com/2024/09/09/hello-world/#respond Mon, 09 Sep 2024 16:56:39 +0000 https://www.biparegistration.com/?p=1 Please note that the fees reflected under ‘Effective 01 January 2020’, are the fees payable for an application / service as of 01 January 2020.

DESCRIPTION / SERVICECORRESPONDING FORM (IF ANY)EFFECTIVE 01 JANUARY 2020CURRENTANY OTHER ADDITIONAL FEES payableDESCRIPTION / SERVICE
Certificate of Incorporation of a company having a share capitalCM1
(a)    Registration of memorandum and articles of a company having a share capital (Section 68(1) and regulations 17 and 18).CM2N$150.00N$100.00
(b)    Additional fee in respect of registration of memorandum and articles (Section 68 (1))
(i)    a company having a nominal share capital having shares of par value for each thousand Namibian Dollars or part thereofCM2N$7.50N$5.00
(ii)    a company having shares of no-par value, for each thousand shares or part thereofCM2N$7.50N$5.00
(iii)    a company having both shares of par value and shares of no-par value, the aggregate of the amounts calculated on the basis laid down in paragraphs (b)(i) of this item.CM2N$7.50N$5.00
Certificate of incorporation of a company not having a share capitalCM3
Registration of memorandum and articles of a company not having a share capital (Section 68(1) and regulations 17 and 18).CM4N$150.00N$100.00
Reservation of a name, shortened form of a name or a defensive name (Sections 48(1) or 49 of the Act and regulation 14).CM5N$75.00N$50.00
Extension of the period of the reservation of a name, shortened form of a name or defensive name (Section 48(3) and (49(2) of the Act and regulation 14).CM6N$75.00N$50.00
Registration of a shortened form of a name (Section 49(1) of the Act and Regulation 15).CM7N$60.00N$30.00
Registration of a defensive name for two years (Section 49(2)(a) of the Act and Regulation 15).CM8N$300.00N$250.00
Renewal of the registration of a defensive name (Section 49(2)(b) of the Act and Regulation 15).CM8AN$160.00N$100.00
Registration of a change of a name (Section 50(1) of the Act and Regulation 16).NB. Must be lodged together with CM26 (Registration of a Special Resolution (Section 208(1) of the Act and Regulation 43). See fee payable for lodgement of CM 26CM9N$60.00N$30.00
Registration of a change of a shortened form of a name (Section 50(2)(a) of the Act and Regulation 16).CM9AN$120.00N$30.00
Deregistration of a shortened form of a name (Section 50(2)(b) of the Act and regulation 16).CM9BN$60.00N$30.00
Submission of a certificate of consolidation of articles (Section 66 of the Act and Regulation 19).CM10N$70.00N$45.00
Increase of share capital for shares of a par value, for each thousand Namibian dollars, or part thereof, by which share capital is increased (Section 81(2)(a) of the Act and regulation).CM11N$10.00N$5.00
Increase of share capital for shares with no par value for each thousand Namibian dollars, or part thereof, calculated by multiplying the number by which the number of the shares has been increased by the value of each certified share (Section 81(2)(b) of the Act and Regulation 24).CM11N$10.00N$5.00
Registration of a special resolution to approve the acquisition of shares issued by that company (Section 89(1) of the Act and Regulation 24).CM14N$120.00N$80.00
Statement of payment of commission on shares (Section 86 of the Act and Regulation 24).CM12N$20.00N$10.00
Lodgement of allotment of shares (Section 99(3) and (4) of the Act and Regulation 26).CM15N$20.00N$10.00N$300.00Fees for late submissions / failure to lodge returns (Section 186 of the Act and Regulation 60).
Return of allotments which have become void (Section 99(4) of the Act and Regulation 26(2)).CM16N$20.00N$10.00
Application for extension of time (Sections 102(1), 185, 187(4) and 314(3) of the Act and Regulation 27).CM17N$75.00N$50.00
Registration of an order by the Court (Sections 260(5), 317(7) and 319(4) of the Act and Regulation 28).CM18N$40.00N$20.00
Redeeming of redeemable preference shares (Section 104 of the Act and Regulation 29).CM19N$20.00N$10.00
Variation of rights in respect of shares of a company (Section 108(3) of the Act and Regulation 30).CM20N$20.00N$10.00
Notice of places where registers are kept (Section 114(2), 117, 136, 223(4), 238(2) and 248(2) of the Act and Regulation 32).CM21N$20.00N$10.00
Notice of Postal address and registered office of a company (Section 178 of the Act and Regulation 37).CM22N$20.00N$10.00
Lodgement of Annual Return (Section 181(1) and 336 of the Act and Regulation 39). Annual dutyCM23N$120.00N$80.00N$300.00Fees for late submissions / failure to lodge returns (Section 186 of the Act and Regulation 60).
Lodgement Annual Return (Section 182 and 183 of the Act and Regulation 40).CM23N$120.00
(a)    In the case of a company having a nominal share capitalIn addition, N$6.50 payable for every N$10 000 or part thereof of it’s issued share capital + premium and distributable reserve funds
(b)    In the case of a company having shares of no-par valueIn addition, N$6.50 per each N$10,000 or part thereof of the amount of it”s stated capital account
(c)    In the case of a company having both shares of par value and shares of no-par valueThe aggregate of the amounts calculated on the bases laid down in (a) and (b)
(d)    In the case of payment of annual duty on the commencement of business of a companyN$6.50 per each N$10.00 or part thereof of the amount of the issued share capital or stated capital, in the case of shares of no par value of the company as at the date of the issue of the certificate to commence business,
(e)    Except that the minimum amount of the annual duty payable is N$130.00 (excluding the fee payable for the lodgement of Form CM 23)
Lodgement of Annual Duties (Section 182 and 183 of the Act and Regulation 40).CM23BN$160.00N$100.00
Registration of Consent to waive period of notice of meeting to pass special resolution (Section 207(5) of the Act and Regulation 43).NB. Must be lodged together with CM26 (Registration of a Special Resolution (Section 208(1) of the Act and Regulation 43). See fee payable for lodgement of CM 26CM25N$10.00N$10.00N$300.00Fees for late submissions / failure to lodge returns (Section 186 of the Act and Regulation 60).
Registration of a special resolution (Section 208(1) of the Act and regulation 43).CM26N$160.00N$80.00N$300.00Fees for late submissions / failure to lodge returns (Section 186 of the Act and Regulation 60).
Consent to act as Director or Officer and other Directorships (Section 219 of the Act and Regulation 45(1))CM27
Director’s contract to subscribe to shares (Section 219(1)(b) of the Act and Regulation 45).Written consent lodged with a further period contemplated in (Section 219(3) of the Act, Regulation 45).CM28N$20.00N$10.00N$20.00Additional amount payable for lodgement of CM 29.
NB. Prescribed amount payable in addition to the fee payable on lodgement of CM29.
Register of Directors, officers, auditors and secretaries (Section 223, 224, (2) 284(2) and 4, (288(3), 328(1), 331 and 331 and 333 of the Act, Regulation 46).CM29N$20.00N$10.00N$300.00Fees for late submissions / failure to lodge returns (Section 186 of the Act and Regulation 60).
Notice of failure to appoint or reappoint auditor (Section 279(2) of the Act and Regulation 47).CM30N$20.00N$10.00
Notice of Consent to appointment, change of name, or resignation by removal of auditor (Sections 277(1), 279(2), 284(1) to (4), 285, 286, 288(2), 328(1)(c), 331 and Regulation 47).CM31N$20.00N$10.00N$300.00Fees for late submissions / failure to lodge returns (Section 186 of the Act and Regulation 60).
Change of the end of financial year of a company (Sections 293(2) and 335(3) of the Act and Regulation 48).CM32N$60.00N$30.00
Application for approval that group annual financial statements need not deal with a subsidiary (Section 299(3) of the Act, Regulation 49).CM33N$136.00N$80.00
Lodgement of Financial Statements / Interim reports (Sections 306(5), 311(3), 313 and 335(4) of the Act and Regulation (50).CM34N$20.00N$10.00
Application not to issue interim reports (Section 314(2) read with Section 299(3) of the Act, Regulation 51).CM35N$80.00N$40.00
Take-over offer and take-over statement (Section 320(2)(c), 322(3) and 324 of the Act, Regulation 52).CM36N$20.00N$10.00
Appointment of authorised persons by an external company (Sections 328(1)(f) and 332(3) of the Act, Regulation 54CM37N$20.00N$10.00
Written notice of a withdrawal by an authorised person (Section 332 of the Act, Regulation 54).CM38N$20.00N$10.00
Registration of alteration to the memorandum of external company (Section 334 of the Act, Regulation 54).CM39N$75.00N$50.00
Appointment of Liquidator / provisional judicial manager / final judicial manager (Section 382(5)(a), 436(b) and 439(1)(d)(i) and (ii) of Act, Regulation 57).CM40N$20.00N$10.00
Broker’s transfer Form (Section 141 of Act, Regulation 58).CM41
Securities Transfer Form (Section 141 of Act, Regulation 58).CM42
Particulars of Directors of dissolved company (Section 427 of Act, and Regulation 59)CM43N$20.00N$10.00
Articles of Association of a company having a share capital adopting schedule 1 (Section 64 of the Act and Regulation 18(1)).CM44
Articles of Association of a company having a share capital NOT adopting schedule 1 (Section 64 of the Act and Regulation 18(2)).CM44A
Articles of Association of a company NOT having a share capital NOT adopting schedule 1 (Section 64 of the Act and Regulation 18(3)).CM44B
Signatories to Articles of Association (Section 64 of the Act and Regulation 18(1), (2) and (3)).CM44C
Registration of a special resolution for the conversion of one type of a company into another type or form of company (Section 30(1) of the Act and Regulation 13(1))CM45N$40.00
CM26N$80.00
Statement by each director regarding the adequacy of the capital of a company (Section 180(3) of the Act and Regulation 38(1)(b))CM47N$50.00N$25.00
Affidavit regarding adequacy of capital of company (Section 180(2) of the Act and Regulation 38(1)(a))CM48N$50.00N$25.00
Application for registration of the memorandum of an external company (Section 328 of the Act, Regulation 55).CM49N$150.00N$100.00
Application for provisional annual financial statements in respect of a private company (Section 311(3) of the Act, Regulation 50).CM50N$80.00N$40.00
Certification of additional copies of documents by the Registrar (per document) (Regulation 32)CM51N$10.00N$5.00
Application by a public company for exemption from lodging annual financial statements in respect of subsidiaries (Section 306(6) of Act, Regulation 50)/CM52N$40.00N$20.00
Fees for late submissions / failure to lodge returns (Section 186 of the Act and Regulation 60).CM15, CM23, CM26, CM29, CM31N$300.00N$150.00
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How to register Non-Governmental Organisations (NGOs) and Associations not for Gain https://www.biparegistration.com/2024/05/17/how-to-register-non-governmental-organisations/ https://www.biparegistration.com/2024/05/17/how-to-register-non-governmental-organisations/#respond Fri, 17 May 2024 12:28:01 +0000 https://demo-news.spicethemes.com/startersite-1/?p=33 Procedure to register Non-Governmental Organisations (NGOs) and Associations not for Gain

  1. Submission of name application/reservation form CM5 or reserve a name online
  2. Once approved, you may apply for  a Certificate of Incorporation and Certificate to Commence Business. This requires the submission of the following documents:

Memorandum and article of Association in triplicate of forms CM3CM4CM44B and CM44C.

Copy of approved name on CM5

Notice of postal and registered address on CM22

List of Directors, Auditors and public Officers on CM29

Appointment of an Auditor on CM31

Application of Certificate of Registration of memorandum of External Company CM46

Request for submission of additional Copies on CM51.

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How to register Private Companies (Private (proprietary) Limited Companies) https://www.biparegistration.com/2024/05/17/how-to-register-private-companies/ https://www.biparegistration.com/2024/05/17/how-to-register-private-companies/#respond Fri, 17 May 2024 12:25:27 +0000 https://demo-news.spicethemes.com/startersite-1/?p=28 Procedure to register Private Companies (Private (proprietary) Limited Companies)
  1. Submit name application/reservation form CM5 or reserve a name online
  2. Upon approval the following documents should be completed:
    • Certificate to commence Business CM46
    • Certificate of Incorporation CM1
    • Memorandum of Association of a company that has share capital CM2
    • Copy of Name reservation approval letter
    • Notice of postal and registered addresses CM22
    • List of directors, auditors and public officers CM29
    • Appointment of Auditor CM31
    • Article of association of a company that has share capital adopting schedule 1 CM44
    • Article of Association of a company that has share capital not adopting schedule 1 CM44A
    • Signatories to the Article of Association CM44C
    • Request for submission of additional copies CM51 (where necessary)
    • Certified copies of the Company directors

Do take note that the following are part of the Memorandum and articles of association booklet: CM1CM2CM44 or CM 44A and CM44C. This booklet is submitted in triplicate (i.e., x1 original copy and x2 notarised copies).

The remaining documents are submitted as loose forms with the Memorandum and articles of association booklets.

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How to register Public Companies (Public (Limited) Companies) https://www.biparegistration.com/2024/05/17/how-to-register-public-companies/ https://www.biparegistration.com/2024/05/17/how-to-register-public-companies/#respond Fri, 17 May 2024 12:24:03 +0000 https://demo-news.spicethemes.com/startersite-1/?p=25 Procedure to register Public Companies (Public (Limited) Companies).

  1. Submit name application/reservation form CM5 or reserve a name online
  2. Upon approval, you may apply for a Certificate of Incorporation and Certificate to Commence Business. This requires the submission of the following documents:

Memorandum and article of Association in triplicate of forms CM3CM4CM44B and CM44C.

Copy of approved name on CM5

Notice of postal and registered address on CM22

List of Directors, Auditors and public Officers on CM29

Appointment of an Auditor on CM31

Application of Certificate of Registration of memorandum of External Company CM46

Request for submission of additional Copies on CM51.

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How to register a Foreign Company https://www.biparegistration.com/2024/05/17/how-to-register-a-foreign-company/ https://www.biparegistration.com/2024/05/17/how-to-register-a-foreign-company/#respond Fri, 17 May 2024 12:21:40 +0000 https://demo-news.spicethemes.com/startersite-1/?p=20 Procedure to register a Foreign Company
  1. Submission of name application/reservation form CM5Name reservations can also be done online. 
  2. Once the name reservation is approved, you can now apply for a  Certificate of Incorporation and Certificate to Commence Business. This requires the submission of the following documents:
    • Certified copy of the memorandum and Article of Association in triplicate, as it was registered in its original country
    • Notice of postal and registered address on CM22
    • List of Directors, Auditors and public Officers on CM29
    • Appointment of an Auditor on CM31
    • Alteration to Memorandum of External Company on CM39
    • Application of Certificate of Registration of memorandum of External Company CM49
    • Statement by each Director regarding the Adequacy if Capital of Company on CM47
    • Request for submission of additional Copies on CM51.
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How to register a close corporation (CC) https://www.biparegistration.com/2024/05/17/how-to-register-a-close-corporation/ https://www.biparegistration.com/2024/05/17/how-to-register-a-close-corporation/#respond Fri, 17 May 2024 12:16:33 +0000 https://demo-news.spicethemes.com/startersite-1/?p=16 Procedure to register a close corporation  (CC)

You can apply for your Close Corporations as follows:

  1. Submit  a name application/reservation form CC8Name reservations can also be done online 
  2. On approval of name reservation, submit a Founding Statement, form CC1. This requires the submission of the following documents:
    • Copy of the approved form for name reservation
    • Founding statement in triplicate
    • Consent letter from the accounting officer
    • Certified Copy of passport in case of foreigners

If no identity document has been issued, a written statement to this effect must be attached.

Minor children and other persons under legal disability must be assisted by their parent, guardians or representatives, as the case may be and the capacity must be stated.

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How to register a Defensive Name in Namibia https://www.biparegistration.com/2024/05/17/register-a-defensive-name-in-namibia/ https://www.biparegistration.com/2024/05/17/register-a-defensive-name-in-namibia/#respond Fri, 17 May 2024 12:10:06 +0000 https://demo-news.spicethemes.com/startersite-1/?p=12 Procedure to register a Defensive Name

A Defensive Name is the first step towards registering your business, and is registered at BIPA for the purposes of protecting such name where the defender holds material interest in such a name.

The Name can be defended for an initial period of 2 years and may be renewed for an additional 2 years only. Subsequently the applicant may choose to register a close corporation or a company or cease to defend the name, in which case it becomes available to any other person. A defensive name by law should not be used for trading purposes.

To apply for a Defensive name, submit the application for ‘A Reservation of a Defensive Name’ (CM5) or apply online

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