COMPANIES RE-REGISTRATION: SUBSIDIARY LEGISLATION

(1) An applicant shall apply to the Registrar for re-registration of a close company in the re-registration of a close company Form as set out in Schedule 1 and upon payment of a fee as set out in Schedule 3.

(2) Where, after consideration of an application under subregulation (1), the Registrar is satisfied that all requirements of the Act have been duly complied with, he or she shall issue a new certificate of incorporation as set out in Schedule 2.

3. Application for re-registration of an external company

(1) An applicant shall apply to the Registrar for re-registration of an external company in the re-registration of an external company Form as set out in Schedule 1 and upon payment of a fee as set out in Schedule 3.

(2) Where, after consideration of an application under subregulation (1), the Registrar is satisfied that all requirements of the Act have been duly complied with, he or she shall issue a certificate of registration as set out in Schedule 2.

4. Application for re-registration of a company limited by guarantee

(1) An applicant shall apply to the Registrar for re-registration of a company limited by guarantee in the re-registration of a company limited by guarantee Form as set out in Schedule 1 and upon payment of a fee as set out in Schedule 3.

(2) Where, after consideration of an application under subregulation (1), the Registrar is satisfied that all requirements of the Act have been duly complied with, he or she shall issue a certificate of incorporation as set out in Schedule 2.

5. Application for re-registration of a public or private company

(1) An applicant shall apply to the Registrar for re-registration of a public or private company in the re-registration of a public or private company Form as set out in Schedule 1 and upon payment of a fee as set out in Schedule 3.

(2) Where, after consideration of an application under subregulation (1), the Registrar is satisfied that all requirements of the Act have been duly complied with, he or she shall issue a certificate of incorporation as set out in Schedule 2.

6. Application for re-registration of a foreign company

(1) An applicant shall apply to the Registrar for the re-registration of a foreign company as set out in Schedule 1 and upon payment of a fee as set out in Schedule 3.

(2) Where, after consideration of an application under subregulation (1), the Registrar is satisfied that all requirements of the Act have been duly complied with and having entered particulars in the companies register in terms of section 21(1) of the Companies Act (Cap. 42:01), he or she shall issue a certificate of registration as set out in Schedule 2.

7. Certificate of incorporation

Where, after consideration of an application under these Regulations the Registrar is satisfied that all requirements of the Act have been duly complied with, and having entered particulars in the companies register in terms of section 22 of the Companies Act, he or she shall issue a certificate of incorporation as set out in Schedule 2.

8. Revocation of S.I. No.68 of 2019

S.I. No. 68 of 2019 is hereby revoked.

SCHEDULE 1

FORM A
APPLICATION FOR RE-REGISTRATION OF A CLOSE COMPANY

(reg. 2)

Name of company ..................................

Company number ...................................

1. COMPANY CONSTITUTION(Tickwhere applicable)

The company will have a constitution on re-registration or

The company will not have a constitution on re-registration

2. DETAILS OF COMPANY:

Registered Office:	Registered Office Address:



Postal Address & Contact Number:	Postal Address:
	Contact Number:

(Postal address to which communications from the Registrar may be sent)
Annual Return Reminders: The Registrar will send courtesy reminders to the company	Mobile Number:
Email Address:

Principal Place of Business:	Plot Number:

Ward/ Street/Location:

Address for records / Share register: (if not kept at the company's registered office)	Plot Number:

Ward/Street/Location:

3. MEMBER DETAILSProvide this information in the prescribed format for every member of the company. The following persons are the members of the company:

(Tickin the appropriate box)

Identity Number: (For non-citizens passport number)	Residential Address:
First, Middle & Last Name: Nationality: Gender: Date of birth: Mobile telephone number: Email address: Beneficial owner: Yes No	Postal Address:
Identity Number: (For non-citizens passport number)	Residential Address:
First, Middle & Last Name: Nationality: Gender: Date of birth: Mobile telephone number: Email address: Beneficial owner: Yes No	Postal Address:
Identity Number: (For non-citizens Passport number)	Residential Address:
First, Middle & Last Name: Nationality: Gender: Date of birth: Mobile telephone number: Email address: Beneficial owner: Yes No	Postal Address:
Identity Number: (For non-citizens Passport number)	Residential address:
First, Middle & Last Name: Nationality: Gender: Date of birth: Mobile telephone number: Email address: Beneficial owner: Yes No	Postal Address:
Identity Number: (For non-citizens Passport number)	Residential address:
First, Middle & Last Name: Nationality: Gender: Date of birth: Mobile telephone number: Email address: Beneficial owner: Yes No	Postal Address:

4. BENEFICIAL OWNERProvide this information only where the company has a beneficial owner and that beneficial owner is not a member of the company.Name:
Postal Address:Provide this information in the prescribed format for every member of the company. The following person is the Accounting Officer of the company:(Complete this information if the Accounting Officer is an individual)

Identity Number: (For non-citizens Passport number) First, Middle & Last Name: Nationality: Gender:	Residential Address:

Postal Address:

Complete this information if the Accounting Officer is a 'body corporate'
Company Name: Registration Number: Name of Representative: Phone Number:	Registered Office Address:
Postal Address:

*In the case of a body corporate, please give the address of its registered office or, if it does not have a registered office, of its principal place of business.

5. ACCOMPANYING DOCUMENTSThe following documents must accompany this form:(Tickin the appropriate box where applicable)

If the company has a constitution, a document certified as the company's constitution.

If the member or accounting officer is a non-Botswana citizen, a certified copy of their passport. If this is not in English it should be accompanied by a certified translation.

6. BUSINESS ACTIVITY(Tickin the appropriate box to confirm)

I confirm that the proposed company is not being established for or will carry on the business of banking or insurance.

7. DECLARATION(Tickin the appropriate box to confirm this information)

I confirm each member and accounting officer has signed a consent form to act as a member or accounting officer. The consent form is held at the proposed company's registered office and the Registrar may request to view this consent form at any time.

I confirm I am either a member of this company or a person authorised to complete this application on their behalf, and have all necessary enquiries to ensure that the information contained in this application is true and correct. I understand that knowingly making a false statement or a misleading representation or omission is an offence under section 496 of the Companies Act.
Signed by .........................................Signature .........................................Date .................

Completed by:
Postal Address:		Identity Number:


		Telephone Number:

		Mobile Telephone Number:

		Email Address:

FORM B
APPLICATION FOR RE-REGISTRATION OF AN EXTERNAL COMPANY

(reg. 3)

Name of company ..................................

Company number ...................................

Country in which company is incorporated .................................................................

1. COMPANY CONSTITUTION(Tickwhere applicable)

2. DETAILS OF COMPANY:

Registered Office:	Plot Number:

	Ward/Street/Location:

Postal Address & Contact Number: (Postal address to which Communications from the Registrar may be sent)	Address:


Annual Return Reminders: The Registrar will send courtesy reminders to the company.	Mobile Telephone Number:
Email Address:

Principal Place of Business:	Plot Number:

Ward/Street/Location:

3. AUTHORISED AGENTThe following person is authorised to accept service in Botswana of documents on behalf of the company.

(Complete this information if the agent is an individual)

*Identity Number:	Residential Address:
(*Passport Number applicable to non-citizens only)
First, Middle & Last Name	Postal Address:
Nationality:
Gender:
Date of Birth:
Mobile Telephone Number:	Date of Appointment:
Email Address:

(Complete this information if the agent is a 'body corporate')
Company Name:	Registered Office Address:
Registration Number:
Name of Representative:
Phone Number:	Postal Address:
Email Address:	Date of Appointment:

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