Business or Company Registration

As a foreign investor, you will need to register your company as either a local company or an external company as a limited liability company through company incorporation process.

Local Company Incorporation

A local company is defined as a company incorporated under the Malawi Companies Act.  For all intents and purposes this means and relates to a local company that is formed or becomes a body corporate under the Companies Act, Cap. 46: 03 of the laws of Malawi.

A local company registration requires submission to the Registrar of Companies the following:-

  • (a)  Memorandum of Association with at least  two subscribers  (shareholders/members)
    (b)  Articles of Association. The Articles should show the following information:-
    i)  full name, residential and postal addresses and occupation of first directors (a minimum of three directors) and secretary of the company;                        
    ii)  situation and postal address of Company’s registered office; and that they have been signed by or on behalf of directors

The memorandum of Association and Articles of Association are prepared by private lawyers.

Legal Fees payable to a private lawyer: Ranges between MK300,000 - MK500,000 Government fees: Registration fees for Local and External Company Registration is MK100 for first MK1000 share capital value then MK10 for each additional MK2000 of share capital value. Or alternatively calculated as:-
  Share capital multiplied by 20, divided by 2000, and add MK25,500.
  The current exchange rate to USD is about K750:1US$

External Company Incorporation
An External Company is defined as a body corporate formed outside Malawi which establishes or maintains an established place of business in Malawi. 'Established place of business' entails any fixed place of business except an agency unless the Agent has general authority to negotiate and conclude contracts on behalf of that body corporate or maintains a stock of its goods from which the Agent regularly fulfils orders on its behalf.
An external company registration requires the following:-

  • (b)  Power of Attorney by an agent to represent the company for registration
    (c)  A duly authenticated (notarized) copy of the Memorandum and Articles of Association
    (d)  A notarized Certificate of Incorporation issued by the registration Authority in the country of origin/incorporation.
    (e)  Notarized shareholder resolution authorizing the opening of a branch or subsidiary in Malawi
    (f)  Authenticated copies of passport copies of shareholders
    (g)  List of directors resident in Malawi

We have within MITC a section called the One Stop Service Centre (OSSC) which hosts a specialist from the Registrar of Companies who will be in a position to facilitate this process for you.
Company registration in Malawi normally takes 10 working days.

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