| Sections(the Companies Act) |
Information required under the relevant Section of the Companies Act |
Documents to be filed
(Under the Companies (Forms) Rules, Government Notes Number 41 of 2005. |
Section
434 (1) (a) to (g) |
- Certified copy of the Charter, the Memorandum and Articles of Association or other instruments defining the constitution of the Company in English language or their certified translations.
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Form No. 434. |
- List of company directors and secretary with their particulars in full.
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Form No. 434 |
- A statement of all subsisting charges (charges as specifies under section 99) created by the foreign company.
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Form No. 434 |
- The name and addresses of a resident Tanzanian who shall act as a company representative for serving processes and notification purposes.
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Form No.434 |
- The full address of the registered office of the company’s place of business in Tanzania.
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Form No.434 |
Section 435.
Certificate of Registration from the Registrar. |
- The Registrar of Companies will certify under his hand that the requirements under 434 above have been duly complied with and will thus issues a Certificate of Compliance to the foreign company in Tanzania.
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No documents to be filed to the Registrar of the Companies by the Company. |
| Section 436. Filing of returns when alteration or changes are made in the company. |
- Information on the alterations in the charter, statutes or Memorandum and Articles of Association of a foreign company. (Section.436 (1) (a).
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Form No. 436a |
- Information on alterations or changes made on directors. (Section 436(1) (b)
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Form No.436b. |
- Information on the alterations made on the names or addresses of persons resident in Tanzania authorized to accept service on behalf of the foreign company. (Section 436(1) (c).
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Form No. 436c |
- Information on alteration made on the address of registered office of a foreign company. (Section 436(1) (d).
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Form No. 436d. |
Section 437
Registration of Charges created by Foreign Companies |
| Information on charges created by the company on properties situated in Tanzania e.g. particulars of a mortgage or charge to be filed within 60 days only after the creation and execution of such charges. |
Form No. 437a |
- Particulars of a charge to secure a series of debentures of/by the foreign company.
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Form No. 437b |
- Particulars or information of an issue of secured debentures in a series by the foreign company.
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Form No.437c |
- Particulars of a mortgage or charge subject to which property has been acquired by the foreign company.
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Form No.437d |
Section 438
Obligation of foreign companies to file accounts. |
Making of annual audited accounts by the foreign company in every calendar year and comply with all the instructions from the Minister responsible for Industry and Trade on requirements of documents to be used and filed. |
No prescribed forms or documents. |
Section 439
Obligation to state name of the foreign company whether limited and country where incorporated |
- In every offer document inviting subscription for its shares or debentures in Tanzania, state the country in which it was incorporated. (Section 439(a)).
- The name of the company must be conspicuously exhibited and displayed in all places where it carries business in Tanzania. (Section 439 (b).
- If the liability of the members of the Company is limited then notice to that effect must be stated in English language.
- The information on the particulars of the director or secretary of the foreign company in all documents that the company might use in its business activities.
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No prescribed forms or documents. |
| Section 440 Service on Foreign Company. |
The service of any notice to the foreign company shall be considered sufficiently effected and served if it is addressed to any person whose name has been delivered to the Registrar. |
No prescribed forms or documents. |
Note: This is not a legal opinion and the contents hereof are not meant to be relied upon by any recipient unless our written consent is sought and explicitly obtained in writing.
