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Business Registration Procedures

MISSION

To give commercial guidance, advice and educate traders in the general starting and running of businesses to ensure growth and to create more jobs to alleviate poverty

OBJECTIVES

Promote consumer welfare and free business competition

MAIN ACTIVITIES

Issue of trading and liquor licences and coordination of related licencing issues

The Commerce Department is a government entity under the Ministry of Commerce, Industry and Trade which plays a supportive and regulatory role in trade affairs. Apart from these roles, the department is also working closely with other organizations to assist small enterprises by providing organized programmes on business establishment and management.

These activities are carried under the following laws:

Formation and collation of company memorandums and articles of association shall be done in compliance with The Companies Act No 8 of 2009. Anyone who will formulate company documents will also be in compliance with the Act.

REGULATION OF TRADE

1. Price Control Order No. 25 of 1973

2. Trading Licences Order No. 20 of 1975

3. Shop Hours Act No. 75 of 1955

4. Registration of Business Act, 1933

5. Sugar Act No. 4 of 1967

6. Companies Act of 2009

7. Hire Purchases Act of 1969

8. Fair Trading Act No.11 of 2001

9. The Competition Act of 2007

10. Liquor Licences Act No. 30 of 1964

Newly erected Acts

1. The Trading Licences Amendment Act No. 9 or 2011

2. The Shop Hours Act No. 9 of 2011

The Trading Licences Amendment Act No. 9 of 2011 enables trading licences applications to be advertised within three working days instead of the 21 days days.

The Shop Hours Amendment Act  enables businesses to operate 24 hours a day except only for a restricted trading day which is Incwala Day.

Obtaining a Trading Licence

Trading Licence applicants are required to fill in an application form and submit it to the licensing officer, advertisement for the licence is done within three working days and a trading licence can be obtainable within the three working days. The advertising fee is E50.00 payable at the Revenue Office of that particular region.

Newly erected Acts

1. The Trading Licences Amendment Act No. 9 or 2011

2. The Shop Hours Act No. 9 of 2011

The Trading Licences Amendment Act No. 9 of 2011 enables trading licences applications to be advertised within three working days instead of the 21 days days.

The Shop Hours Amendment Act enables businesses to operate 24 hours a day except only for a restricted trading day which is Incwala Day.

Requirements for obtaining a Trading licence

Companies under; 

URBAN AREA

  • lease agreement/proof of ownership
  • bank statement
  • temporary resident permit (if you are not Swazi)
  • citizenship certificate-ID and graded tax-copies- (Directors)
  • certificate of incorporation
  • memorandum and Articles of Association
  • Form J
  • Form C

PRIVATE PROPERTY OR FARM

  • Health report
  • Bank statement
  • Lease agreement/ Title Deed
  • Certificate of incorporation
  • Memorandum and Articles of Association
  • Form J
  • Minister's authority
  • ID Card + graded tax-copies 

SWAZI NATION LAND

Section 8 (1) of the principal Act is amended after the proviso by adding a second proviso as follows:-

"provided further that consent to conduct business on Swazi Nation Land shall only be given to indigenous Swazis and companies wholly owned by the indigenous Swazis"

Requirements are as follows

  • ID card + graded tax-copies (Directors)
  • Certificate of Incorporation
  • Memorandum and Articles of Association
  • Health Report
  • Bank Statement
  • Lease Agreement/proof of ownership
  • King's Consent/recommendation letter from Swazi Commercial Amadoda
  • Form J
  • Form C

Individual Business Persons under; 

SWAZI NATION LAND

  • King's Consent: Section 8 of the Trading Licences Order/Recommendation letter from Swazi Commercial Amadoda
  • Health report
  • Bank statement
  • Lease Agreement (if it is a leased business)
  • ID card + graded tax-copies

FARM OR PRIVATE PROPERTY

  • Minister's Authority
  • Health Inspector's report
  • Bank Statement
  • Lease Agreement/Title deed
  • ID card + graded tax-copies

 URBAN AREA

  • Health Inspector's report
  • Bank Statement
  • Temporary Resident permit/citizenship (applicable to foreigners)
  • Lease agreement/proof of ownership
  • ID card + graded tax-copies

Informal Sectors that does not require approval letters from Swazi Commercial Amadoda; the Trading Licence amendment Act of 2011 allows owners of businesses in the informal sector to be exempted from the requirement to advertise when applying for a licence.

  • Barber
  • Cobbler
  • Dealer or speculator in livestock
  • Dealer in farm produce
  • Breakdown services
  • Miller (for customer only)
  • Hawker
  • Pedlar
  • Special Licence
  • Produce and handwork vendor
  • Billard or snooker table keeper
  • Vendor's cart
  • Shoe repair
  • Blacksmith or farrier
  • Street photographer
  • Dealer in mobile phone Spaza
  • Dealer in phone Spaza
  • Car wash

TRADING LICENCE RENEWAL

Fundamentals for Trading Licence renewal are as follows:

  • Expiring Trading Licence

Contacts

P. O. Box 451

Mbabane

Tel: +268 2404 3201/6

Fax: +268 2404 4711

Trading Licence Application Form

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