DEPARTMENT OF COMMERCE

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.