Search statutes, citations, and provisions

Provision text match · Malawi · en

Companies Act

Act 19 of 1984

Types of company

5. Types of company (1) A company may be either— (a) a company having the liability of its members limited to the amount, if any, unpaid on the shares respectively held by them (in this Act termed "a company limited by shares"); or (b) a company having the liability of its members limited to such amount as the members respectively undertake to contribute to

Topics: accounting records, accounts, accounts and reporting, accounts filing

Provision text match · Malawi · en

Insolvency Act

Act 9 of 2016

Meaning of a company in reorganization

13. Meaning of a company in reorganization (1) For the purposes of this Part— (a) a company is "in company reorganization" while the appointment of an administrator of the company has effect; (b) a company "enters company reorganization" when the appointment of an administrator takes effect; (c) a company ceases to be in company reorganization when the appoi

Topics: Court, adjudication, administration, administrator

Provision text match · Malawi · en

Insurance Act

Act 9 of 2010

Companies Act to apply

57. Companies Act to apply Subject to the provisions of this Part, the provisions of the Companies Act and the Financial Services Act, relating to winding-up of companies shall be applicable to insurance companies and insurance brokers which are companies within the meaning of that Act: Provided that the provisions of the Companies Act, specifically applicab

Topics: actuaries, actuary appointment, agency, agency termination

Provision text match · Malawi · en

Public-Private Partnership Act

Act 27 of 2011

Conversion of private companies to public companies

sion of private companies to public companies The Commission may convert a state-owned enterprise scheduled for divestiture, which is not a company, into a private or public company in accordance with the provisions of the Companies Act. [Cap 46:03]

Topics: accounts, advice and consultation, agreements, annual reports

Provision text match · Malawi · en

Deeds Registration Act

Act 8 of 1916

Registrar to refuse documents executed by companies in certain circumstances

y companies in certain circumstances (1) The Deeds Registrar shall refuse to register any document which is executed by, or on behalf of, a company within or without Malawi otherwise than under the common seal of that company, affixed in the presence of at least one director and the secretary of the company, whose signatures shall appear on the document, or

Topics: bond registration, certified copies, company seals, compliance

Provision text match · Malawi · en

Value Added Tax Act

Act 7 of 2005

Application of this Act to groups of companies

rated in Malawi are eligible to be treated as a recognized group if— (a) one of them controls each of the others; (b) one person, whether a company or an individual, controls them all; or (c) two or more individuals carrying on a business in partnership control them all. (2) On application made by a company naming itself and other companies in the applicatio

Topics: VAT, VAT administration, VAT apportionment, VAT assessment

Provision text match · Malawi · en

Banking Act

Act 10 of 2010

Companies Act applicable in case of winding-up

34. Companies Act applicable in case of winding-up Subject to the provisions of this Part, the provisions of the Companies Act relating to the winding-up of companies shall be applicable to licensed banks which are companies within the meaning of that Act: Provided that the provisions of the Companies Act, especially applicable to a creditor’s voluntary wind

Topics: account opening, accounting policies, administrative penalties, advertising

Provision text match · Malawi · en

Petroleum (Exploration and Production) Act

Act 2 of 1983

Control of company not to be given without consent of Minister

67. Control of company not to be given without consent of Minister (1) A company which is the holder of a licence shall not, without the prior consent in writing of the Minister— (a) register the transfer of any equity share or shares in the company to any particular person or his nominee; or (b) enter into an agreement, arrangement, or understanding, whethe

Topics: application processing, application refusal, applications, boundary compliance

Provision text match · Malawi · en

Financial Services Act

Act 26 of 2010

Subsidiaries, holding companies and related bodies corporate

nd related bodies corporate For the purposes of a financial services law , the question whether a body corporate is a subsidiary, a holding company or a related body corporate of another body corporate shall be determined in accordance with the Companies Act as it both bodies corporate were companies for the purposes of that Act. [Cap. 46:03]

Topics: accounts, administration, administrative penalties, administrative review

Provision text match · Malawi · en

Securities Act

Act 20 of 2010

Compliance with the Companies Act

34. Compliance with the Companies Act (1) Unless otherwise specified in this Act, the requirements of Part IX of the Companies Act shall apply to the offer and sale of any security under this Act. (2) Nothing in this Part shall relieve any issuer or other person from its obligation to comply with any requirement of the Companies Act, nor shall any issuer or

Topics: accounts and records, advertising, applicant disclosure, application procedure

Provision text match · Malawi · en

Malawi Railway Holdings Company Act

Act 34 of 1966

Capital

6. Capital (1) The authorized capital of the Company shall be three million two hundred thousand Kwacha (K3,200,000) divided into one million six hundred thousand (1,600,000) shares of two Kwacha (K2) each. (2) The capital of the Company may from time to time be increased by such amount as the Board , with the consent of the Minister, may resolve. (3) The Bo

Topics: agents, annual accounts, board composition, board decisions

Provision text match · Malawi · en

Accommodation and Refreshment Tax Act

Act 21 of 1981

Liability of company and body corporate

7. Liability of company and body corporate Where the owner is a company or a body corporate and an offence under this Act is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of, a director, or other officer, of the company or body corporate, or any manager employed by it, the company or body co

Topics: accommodation, accommodation and refreshment tax, audit, billing

Provision text match · Malawi · en

Public Health Act

Act 12 of 1948

Liability of secretary or manager of company

139. Liability of secretary or manager of company Where a contravention of any of the provisions of this Act or any Rule made hereunder is committed by any company or corporation, the secretary or manager thereof may be summoned and may be held liable for such contravention and the consequences thereof.

Topics: advance payments, animal/vector control, appeals deadlines, application of legislation

Provision text match · Malawi · en

Financial Services (Risk and Governance Requirements for Banks and Bank Holding Companies) Directive, 2018

Company Secretary

9. Company Secretary An institution shall have a Company Secretary who shall, among other duties, be responsible for— (a) orientation of new directors on the business and governance practices of the institution ; (b) facilitation of annual self-assessment of directors; and (c) provision of advice and guidance on ethics and governance to the Board . [paragrap

Topics: audit committee, audit oversight, auditors, banking compliance

Provision text match · Malawi · en

Pharmacy, Medicines and Poisons Act

Act 15 of 1988

Company may carry on a retail pharmacy business upon certain conditions

29. Company may carry on a retail pharmacy business upon certain conditions (1) Notwithstanding anything contained in the foregoing provisions of this Act, a company may carry on a retail pharmacy business if— (a) it is registered by the Board under this Act; (b) it is shown to the satisfaction of the Board that the business is under the personal management

Topics: accounting, administrative decision-making, advertising, advertising definitions

Provision text match · Malawi · en

Press Trust Reconstruction Act

Act 15 of 1995

Trustees’ responsibility as shareholder

Trustees shall not by exercise of their vote in general meeting or otherwise interfere in the management or conduct of the business of any company the shares or securities of which comprise the whole or any part of the Trust Fund or any subsidiary of such company except in so far as required to safeguard their economic interest in such companies or subsidia

Topics: appointment of trustees, asset administration, asset freezing, asset transfer

Provision text match · Malawi · en

Fisheries Conservation and Management Act

Act 25 of 1997

Liability of members of companies, etc

48. Liability of members of companies, etc. Where any offence under this Act is committed by a company or by any member of a partnership, firm or business, society or association of persons, every director or officer of that company or any other member of the partnership or other person concerned with the management of such partnership, firm or business, soc

Topics: appeals, applications, appointments, aquaculture

Provision text match · Malawi · en

Copyright Act

Act 26 of 2016

Liabilities of members of companies, etc

111. Liabilities of members of companies, etc. Where any offence under this Act is committed by a company or a member of a partnership, firm or business, society or association of persons, every director or officer of the company or any other member of the partnership or other person concerned with the management of such partnership, firm or business, societ

Topics: IP licensing, acceptance, access to protected works, accessible copies

Provision text match · Malawi · en

Financial Crimes Act

Act 14 of 2017

Insurance companies to identify and verify beneficiaries

at the time of the payout. (2) The verification of the identity of the beneficiary shall occur at the time of the payout. (3) The insurance company shall include the beneficiary of a life insurance policy as a relevant risk factor in determining whether ongoing due diligence is applicable. (4) If the insurance company determines that a beneficiary who is a l

Topics: account freezing, account maintenance, account opening, administration

Provision text match · Malawi · en

Cooperatives Societies Act

Act 36 of 1998

Application of certain provisions of Companies Act

75. Application of certain provisions of Companies Act Upon the winding-up of any registered society , the Minister may, by notice published in the Gazette , declare certain provisions of the Companies Act applicable to the society as if such society was registered under that Act. [Cap. 46:03]

Topics: accounts, administration, administrative appeal, agricultural inputs