Procedures on formation and registration of foreign companies in Tanzania.

Definition of a Foreign Company (Section 433(1)):

A foreign company is one incorporated outside Tanzania that, after the appointed day, establishes a place of business within Tanzania.

This definition also includes companies incorporated outside Tanzania that had a place of business in Tanzania before the appointed day and continue to have one afterward.

Exception for Foreign Companies Doing Business Through an Agent (Section 433(2)):

If a foreign company is conducting business through an agent, it is not considered to have a place of business in Tanzania.

Registration Requirements for Foreign Companies (Section 434):

Within thirty days of establishing a place of business in Tanzania, a foreign company must submit the following documents to the Registrar for registration:

a) Certified Copy of Company Documents:

Include a certified copy of the company's charter, statutes, or memorandum and articles of association. If these documents are not in English, provide a certified translation.

b) List of Directors and Secretary:

Submit a list of directors and the secretary with their names, addresses, nationalities, and business occupations.

c) Statement of Charges:

Provide a statement of all current charges, excluding those only related to property outside Tanzania.

d) Names and Addresses for Service:

Include names and addresses of individuals in Tanzania authorized to accept service of process and represent the company.

e) Addresses:

Furnish the full address of the registered or principal office of the company and the place of business in Tanzania.

f) Statutory Declaration:

Submit a statutory declaration by a director or secretary, specifying the date of establishing the place of business, the intended business activities, and, if different from the registered name, the name under which business will be conducted.

g) Accounts and Reports:

Provide a copy of the company's most recent accounts and related reports, with translations if not in English.

Conclusion (Certificate of Compliance):

Upon registration, the Registrar will issue a "Certificate of Compliance," certifying that the company has fulfilled the necessary requirements. This certificate serves as conclusive evidence of the company's registration as a foreign entity in Tanzania.