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Commercial Registration and Business licensing (Amendment) Proclamation No. 328-2003

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OF THE FEDERAL DEMOCRATIC REPUBLIC OF ETHIOPIA 9 ቃ Year No. 48 ADDIS ABABA - 174 April , 2003 CONTENTS Proclamation No. 328/2003 Commercial Registration and Business licensing ( Amendment ) Proclamtion Page 2150 PROCLAMATION NO . 328/2003 A PROCLAMATION TO AMEND THE COMMERCIAL REGISTRATION AND BUSINESS LICENSING PROLAMATION WHEREAS , some provisions of the Commercial Regis include some additional provisions that are relevant for the implementation of the proclamation . NOW , THEREFORE , In accordance with Article 55 ( 1 ) of the Constitution of the Federal Democratice Republic of Ethiopia , it is hereby proclaimed as follows . 1. Short Title This proclamation may be cited as “ Commercial Regis tration and Business licensing ( Amendment ) Procla mation No. 328/2003 . ” 2. Amendment The Commercial Registration and Business Licensing Proclamation No.67 / 1997 is hereby amended as follows . 1 ) the following new Sub - Articles ( 26 ) and ( 27 ) are added under Article 2 of the Proclamation . “ 26. “ Trade Auxiliary ” means Commercial agents , Commercial brokers and Commission agent prescribed under Articles 44 up to 62 of the Commercial Code . ” “ 27. “ Unfair Trade Practice ” means any activity which violates the provisions of Trade Practice Proclamation . " Unit Price The African Law Archive 2 ) The following new Sub - Article ( 4 ) is added under Article 3 of the Proclamation . “ 4. “ Notwithstanding the provisions of Sub - Ar ticle ( 2 ) of this Article it is compulsory to obtain business license for commercial ac tivities such as coffee , skin and hide , chat and other foreign trade goods for which the Minis try deems business license is necessary . ” 3 ) The following new Sub - Article ( 8 ) is added under Article 14 of the Proclamation . “ 8. Before effecting entry of a trade name in a register pursuant to Sub - Article ( 5 ) of Article 5 of this Proclamation , it shall be ascertained that such a name is not entered either in a trade name register or commercial register by any other person . 4 ) The following new Sub - Article ( 3 ) is added under Article 21 of the Proclamation . “ 3. A Business license obtained by the business organization shall not be considered valid , if dissolved by the order of court . " 5 ) The formers Sub - Articles ( 3 ) , ( 4 ) and ( 5 ) of Article 21 of the Proclamation are renumbered as Sub Articles ( 4 ) , ( 5 ) and ( 6 ) respectively . 6 ) The phrase “ a similar license . ” ' appearing in Sub Article ( 4 ) of Article 28 is deleted and replaced by the phase “ the same business license as new . 7 ) The following new Sub - Article ( 6 ) is added under Article 28 of the Proclamation . “ 6. Notwithstanding the provisions of Sub - Article ( 4 ) of this Article , a business person whose license is canceled may obtain the same license as new after two years , if he fails to return his license within 60 days after his license is canceled . " 8 ) Existing provision under Article 30 is numbered as Sub - Article ( 1 ) , and the following new Sub - Article ( 2 ) is added under Article 30 . “ 2. Where any business is legally transferred to any other person , a notice to this effect shall be published in a newspaper at the expense of the transferee . ” 9 ) Article 32 of the Proclamation is deleted and replaced by the following new Article 32 . “ 32. Any person who has a permanent license for agricultural development or industry shall not be required to obtain wholesale or export business license in order to wholesale or export his products . ” 10 ) Sub - Article ( 1 ) of Article 35 of the Proclamation is deleted and replaced by the following new Sub Article ( 1 ) . " 1. Relevant sectoral government organs who issued directives or evidence of professional qualifications or certificates of competence pursuant to Sub - Articles ( 4 ) and ( 5 ) of Article 20 of this Proclamation , shall have an obligation to conduct follow - up and inspection work in order to insure the observance of the conditions for which any business license is given . ” 3. Effective Date These Proclamation shall enter into force as of the 17th day of April , 2003 . Done at Addis Ababa 17th day of April , 2003 . PRESIDENT OF THE FEDERAL DEMOCRATIC REPUBLIC OF ETHIOPIA The African Law Archive

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