OF THE FEDERAL DEMOCRATIC REPUBLIC OF ETHIOPIA 10 Year No. 10 ADDIS ABABA - 21 " November , 2003 CONTENTS Regulation No. 95/2003 Comericial Registration and Licensing Council of Ministers / Amendment / Regulation Page 2442 COUNCIL OF MINISTERS REGULATION No 95/2003 CONCIL OF MINISTERS REGULATION TO AMEND THE FEDERAL GOVERNMENT COMMERCIAL REGISTRATION LICENSING REGULATION This Regulation is issued by the Council of Ministers Pursuant to Article 5 of the Definition of Powers and Duties of the Executive Organs of the Federal Democratic Republic of Ethiopia Proclamation No. 4/1995 and Article 47 of the Commericial Registration and Licensing Proclamation No. Short Title This Regulation may be cited as the “ Comericial Registration and Licensing Council of Ministers / Amend ment / Regulation No 95/2003 . " 2. Amendment The Federal Government Commercial Registration and Licensing Council of Ministers Regulation No. 13/1997 is hereby amended as follows : 1. The following new Sub - Article ( 5 ) is added to Article 3 of the Regulation . ment Commericial 5. The appropriate Authority shall determine the number of copies of photographs and documents to be attached with the applications submitted pursuant the Proclamation and Regulation . Unit Price The African Law Archive 21 November , 2003– Page 2443 2. Article 4 of the Regulation is being cancelled and replaced by the following new Article 4 . 4. Principal Commericial Registration of a Sole Business Person Where the applicant is a sole business person , the application shall be submitted together the following documents . 1 ) Photo copies of the power attorney when the application is signed by an agent ; 2 ) recent photographs of the applicant ; 3 ) photo copies of identity card or pages of valid passport of the applicant . 3. Article 5 of the ‘ Regulation is being cancelled and replaced by the following new Article 5 5. Principal Commericial_Registration of Business Organization other than a Share Com Where the applicant is a Business Organization under formation other than a Share Company ; the application shall be submitted together with the folowing documents . 1 ) photocopies of the power of attorney , when the application is signed by an agent ; 2 ) memorandum and Article of Association of the Business Organization ; 3 ) photocopies of identity cards of Ethiopians or documents evidencing foreign nationals considered as domestic investors or pages of valid passport of foreign nationals which are share holders of the Business Organization under formation ; where there is a juridical person involved in the business organization under formation , the photocopies of its certificate of incor poration or similar document and a notarized minutes of resolution passed by the authorized organ of the juridical person , to joint the business organization . Article 6 of the Regulation is being cancelled and replaced by the following new Article 6 . 6. Principal Commericial Registration of Share Company Where the applicant is a share company under formation , the application shall be submitted by the founders or their agent together with the following documents : 1 ) photocopies of the power of attorney , where the application is signed by an agent ; 2 ) a bank statement showing that at least one fourth of the parvalue of the subscribed shares of the share company is deposited in a closed account ; 3 ) minutes of resolution of the subscribers of the share of the company , and such other documents as may be associated with the resolution ; 4 ) memorandum and Article of Association of the company ; and 5 ) documents stipulated under Sub - Article ( 3 ) of Article 5 of this Regulation as may be ap propriate . The African Law Archive — No. 10 Article 7 of the Regulation is being cancelled . 6. Article 8 of the Regulation is being Canceled and replaced by the following new Article 8 . 8. Principal Commericial Registration of a Foregin Business Organization Where the applicant is foreign business or ganization the application shall be submitted together with the following documents . 1 ) notarized minutes of resolution passed by the authorized organ of the foregin business or ganization evidencing a decision to open a branch in Ethiopia ; 2 ) certificate of incoprporation of the foreign business organization ; 3 ) photocopies of the power of attorney of the permanent representative of the company in Ethiopia . 4 ) photocopies of identity card or pages of valid passport of the agent ; and 5 ) photocopies of memorandum and Article of association or similar documents . 7. Sub - Article ( 3 ) of Article 10 of the Regulations is being cancelled and replaced by the followng new Sub - Article ( 3 ) . an undertaking signed to bring into the Country a Minimum of USD 40,000 dollars for office opepration expenditure in Ethiopia every budget year . 8. Sub - Article ( 2 ) of Article 12 of the Regulations is being cancelled and replaced by the following new Sub - Article ( 2 ) and a new Sub - Article ( 5 ) is added . 2. For the implementation of Sub - Article ( 1 ) of this Article , the applicant shall submit the following documents , together with the application . ( a ) Where the amendment is to a Business Organization , minutes of Resolution of the Share holders of the Business Organization to make the amendment ; ( b ) Where the amendment is to admit a new individual share holder documents stipulated under Sub - Article ( 3 ) of Article 5 of this Regulation and ( c ) Where the new member is a juridical person documents stipulated under Sub - Article ( 4 ) of Article 5 of this Regulation . 5. When there is alternation or addition to be made in the commericial Registration of a sole business person , the applicant shall submit recent photographs , and the same shall be attached with the original and copy of the certificate of Commercial Registration . 9. The following new Sub - Articles ( 3 ) and ( 4 ) are added to Article 17 of the Regulation . 3. When , a new business license is issued for the following business , a certificate of professional competence or ownership shall be submitted from the following Government Organs : ( a ) for the importation and distribution of human and animal drugs , pesticides and medical appliances a certificate of profes sional competence obtained from the Drug Administration and Control Authority ; The African Law Archive 21 ' November , 2003 -- Page 2445 ( b ) for Customs Clearnce business a certificate of professional competence obtained from the Customs Athority . ( c ) for cargo forwarding and shipping agency business a certificate of professional com petence obtained from the Ministry of De velopment Infrastructure ; ( d ) For Grade one works contractor business a certificate of professional competence ob tained from the Ministry of Development Infrastructure ; ( e ) For trans - regional transport services Business a certificate of ownership of vehicles obtained from the appropriate regional Bureau or the Federal Road Transport Authority as may be appropriate ; ( f ) For hunting and Safari Service Business a certificate of professional competence for hun ting obtained from wildlife developement and conservation agency . ( g ) For press business ( news paper or magazine publication ) a certificate of professional com petence obtained from the Ministry of Infor mation . Businesses other than those mentioned under Sub - Article ( 3 ) of this Article , for which a certificate of professional competence or owner ship is needed shall be determined by Regulation to be issued by the Council of Ministers . 10. The following new Sub - Article ( 6 ) is added to Article 18 of the Regulation . Where there is alternation or amendment to be made in a business License , the applicant shall submit recent photographs to be attached with the original and copy of the business license . 11. Sub - Article ( 1 ) ( C ) of Article 26 is being cancelled and replaced by the following new Sub - Article ( 1 ) ( C ) a bank confirmation for having brought into the country a minimum of USD 40,000 dollars for office operation and salary expenditure for the budget year . 12. Sub -- Article 2 of Article 28 is being cancelled and replaced by the following new Sub - Article 2 and the following new Sub - Article 6 is added . 2. Where , the commercial representative fails to have the certificate renewed within the time limit specified in Sub - Article ( 1 ) of this Article , he shall have it renewed within the next six months i.e from ‘ Tir ' to ' Sene ’ 30 , by paying in addition to the renewal fee , a penalty of Birr 2,500 ( two thousand five hundred ) for the month ‘ Tir ' and Birr 1,500 ( One thousand five hundred ) , for the next each month of delay . A commercial representative who appears for the renewal of his certificate of commericial representative , shall submit a statement written by the Inland Revenue Authority or Finance Bureau for the payment of employment income tax due to him and his employees . The African Law Archive 21 November , 2003-- Page 2446 13. The following new Sub - Article ( 4 ) is added to Article 29 of the Regulation . 4. Where , the certificate of a commercial represen tative is cancelled because of the failure of the commercial representative to get his certificate renewed in the time stipulated under Sub - Article ( 1 ) and ( 2 ) of Article 28 or because the other reasons stipulated under Sub - Articit 1 of this Article of the Regulation , may obtain the same commercial representative certificate as new , representing any business person or business organization , by paying a penalty of Birr 10,000 ( Ten thousand ) in addition to the fee prescribed in the schedule . 14. Fees schedule “ A ” annexxed to the Regulation is being canceled and replaced by new fees schedule annexed herewith ; and schedules “ B ” and “ C ' are hereby cancelled . 15. Article 8-34 of the Regulation is renumbered to be Articles 7-33 . 3. Effective Date This Regulation shall enter in to force as of the 21s day --- .of ,, Done at Addis Ababa , this day of 21 November , 2003 . Prime Minister of the Federal Democratic Republic of Ethiopia AfricanLawArr The African Law Archive 21 November , 2003- ~ Page 2447 The Federal Democratic Republic of Ethiopia Ministry of Trade and Industru Fees for Commercial Registration and Business Licencing Reason for Payment Amount of Fee For Registration 1.1 . Principal commercial registration 1.2.Summary registration for registration of Trade name , Birr 80 For registration of a commercial represen tative For a copy of registration ( per page ) . Birr 2.00 Birr 50 For alternation of commercial registration , additional registration , cancellation or an xtra from an entry in the commercial register r for a certificate of no entry . For alternation , moderification or cancellation of trade name registration . For issuance or renewal of business licence For issuance or renewal of certificate for commercial representative For temporary business licence , expansion or upgrading permit . Birr 50.00 For substitute business Licence or Certificate for commercial representative or certificate of principal registration . For registration and issuance of business licence upon transfer of business . 12. | For a copy of document describing the is suance of a business licence ( per copy ) Fees to be determined by the decision of the Ministry of Trade and Industry The African Law Archive