Friday, March 19, 2010

‘Amendments to registration of business names Bill will remove bureaucracy’

‘Amendments to registration of business names Bill will remove bureaucracy’
By Namatama Mundia
Fri 19 Mar. 2010, 04:00 CAT

THE Patents and Company Registration Office (PACRO) has said the proposed amendments to the registration of business names Bill will remove the unnecessary bureaucracy in the enforcement of the statute.

Making a submission to the parliamentary committee on economic affairs and labour chaired by Zambezi West UPND member of parliament Charles Kakoma on Wednesday, PACRO registrar Anessie Banda-Bobo said besides harmonising the registration of business Act with the Patents and Companies Registration Agency Bill, the amendments would rectify ‘conceptual oversights’ or ‘conceptual flaws’ such as placing under the minister matters that were purely administrative.

“This should enable the agency to efficiently and effectively enforce compliance with the statute. The ultimate result should be a more orderly business sector,” she said.

Banda-Bobo said it was important to note that the proposed amendments did not introduce any new requirements.

“If anything, they simplify the procedure. There would be no need for instance, to appeal to the minister, a procedure that can be cumbersome. Easing the appeal process on its own should be an incentive for compliance,” Banda-Bobo said. “On the other hand, the minister will be allowed to focus on policy matters and providing overall guidance in the administrative of the Act.”

She said an amendment to Section 15(1) seeks to free the minister from matters that were purely administrative.

On concerns by committee members that the registrar would abuse authority if power was vested in them, Banda-Bobo said there would be a board in case of an appeal.

Nchanga PF member of parliament Wylbur Simuusa noted that there was no provision for an appeal in the Bill.

In response, Banda-Bobo said she would bring the matter to the attention of the Ministry of Justice.

She also said PACRO was constrained with lack of proper infrastructure to carry out a countrywide online registration.

However, Banda-Bobo said her office had been conducting rural mobile registration every month.

Banda-Bobo said this in response to Kakoma who wanted to know if PACRO was considering going online.

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‘Amendments to registration of business names Bill will remove bureaucracy’

‘Amendments to registration of business names Bill will remove bureaucracy’
By Namatama Mundia
Fri 19 Mar. 2010, 04:00 CAT

THE Patents and Company Registration Office (PACRO) has said the proposed amendments to the registration of business names Bill will remove the unnecessary bureaucracy in the enforcement of the statute.

Making a submission to the parliamentary committee on economic affairs and labour chaired by Zambezi West UPND member of parliament Charles Kakoma on Wednesday, PACRO registrar Anessie Banda-Bobo said besides harmonising the registration of business Act with the Patents and Companies Registration Agency Bill, the amendments would rectify ‘conceptual oversights’ or ‘conceptual flaws’ such as placing under the minister matters that were purely administrative.

“This should enable the agency to efficiently and effectively enforce compliance with the statute. The ultimate result should be a more orderly business sector,” she said.

Banda-Bobo said it was important to note that the proposed amendments did not introduce any new requirements.

“If anything, they simplify the procedure. There would be no need for instance, to appeal to the minister, a procedure that can be cumbersome. Easing the appeal process on its own should be an incentive for compliance,” Banda-Bobo said. “On the other hand, the minister will be allowed to focus on policy matters and providing overall guidance in the administrative of the Act.”

She said an amendment to Section 15(1) seeks to free the minister from matters that were purely administrative.

On concerns by committee members that the registrar would abuse authority if power was vested in them, Banda-Bobo said there would be a board in case of an appeal.

Nchanga PF member of parliament Wylbur Simuusa noted that there was no provision for an appeal in the Bill.

In response, Banda-Bobo said she would bring the matter to the attention of the Ministry of Justice.

She also said PACRO was constrained with lack of proper infrastructure to carry out a countrywide online registration.

However, Banda-Bobo said her office had been conducting rural mobile registration every month.

Banda-Bobo said this in response to Kakoma who wanted to know if PACRO was considering going online.

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Thursday, February 28, 2008

Don't issue licences to companies with arrears, PACRO advises councils

Don't issue licences to companies with arrears, PACRO advises councils
By Chibaula Silwamba
Thursday February 28, 2008 [03:00]

THE Patents and Companies Registration Office (PACRO) has revealed that over 55 per cent of registered companies in Zambia contravene the companies Act by not filing their annual returns to PACRO. And PACRO registrar Anessie Banda-Bobo has advised councils not to issue trading licences to companies that have arrears in filling annual returns at PACRO.

In an interview on Monday, Banda-Bobo said though in the past compliance levels were very low, the situation was improving.

“In 2006, only between 30 and 35 per cent of registered companies filed returns. However, in 2007 the situation has improved and the compliance rate has increased to between 40 and 45 per cent of registered companies. It is anticipated that this year the situation should improve further given the measures that we have put in place.”

She said as part of its reforms, PACRO had put in place measures to ensure that companies comply with statutory requirements as contained in the companies Act.

Banda-Bobo observed that banking and other financial institutions had 100 per cent compliance level because of the stringent regulatory measures which the Bank of Zambia had instituted.

“However, with non-banking financial institutions, the percentage is about 80 per cent,” she said. “PACRO has penalties for late filing of annual returns as well as non-compliance with increase in nominal capital. Defaulting companies are required to comply before they can be provided with any other service at PACRO. Additionally, the Act empowers the registrar to strike-off the register any defaulting companies.”
Banda-Bobo warned that defaulting companies risked being prosecuted.

She said PACRO had been liaising with financial institutions such as the banks to discourage them from conducting business with non-compliant companies.

“The Act gives power to the registrar to prosecute directors whose companies are in default. Using such powers, defaulting companies may have their directors appear in court for non-compliance with the requirement of the companies Act,” Banda-Bobo warned.

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