Legal Document
The Malawi Gazette Supplement, dated 10th August, 2020, containing Regulations, Rules, etc. (No. 22A)
Government Notice no. 42
BUSINESS REGISTRATION ACT
(Cap 46:02)
BUSINESS REGISTRATION (AMENDMENT) REGULATIONS 2020
In Exercise of powers conferred by section 22 of the Business Registration Act, I, Titus Mvalo, Minister of Justice and Constitutional Affairs, make the following Regulations—
1. These Regulations may be cited as Business Registration (Amendment) Regulations, 2020.
2. The First Schedule to the Business Registration Regulations is Replacement
revoked and replaced with the following new Schedule—
“FIRST SCHEDULE (reg. 6)
FEES PAYABLE
MATTER FEE
K t
1. For registration under section 10 of the Act . .. .. 10,000.00
2. For renewal of registration under section 12 (7) of the Act .. . . 10,000.00
3. For lodging change of particulars under section 14(1) of the Act .. 5,000.00
4. For lodging a notice of cessation of business under section 15 of the Act 10,000.00
5. Single registration database search (each search) . . . . .. 2,000.00
6. For supplying electronic extracts of forms filed with the Registrar
(per transaction) .. .. .. .. . . . 2,000.00
7. For application for reservation or change of business name (upon
approval of each name) .. .. .. .. ,. .. 2,000.00
it
8. For supplying an additional certified hard copy of certificate registration 5,000,00
9. For lodging a notice of error in lodged document .. . . 2,000.00
10. For late lodgement of document (per day up to K.50,000) .. .. 1,000.00
11. For late renewal of registration—
(a) where application for renewal of registration is lodged within one
month from the date of expiry of the registration . . .. 20,000.00
(b) 
where application for renewal of registration is lodged after one month from the date of expiry of the registration
12. Application as a Registration agent .. . .. .. 20,000.00
13. Issuance of a certificate as Registration agent .. . 50,000.00”
Made this 13th day of July, 2020.
T. MVALO
(FILE NO. SUB D. 46:02) Minister of Justice and Constitutional Affairs
Government Notice No 43
THE COMPANIES ACT
(CAP. 46:03)
COMPANIES (AMENDMENT) REGULATIONS, 2020
IN EXERCISE of powers conferred by section 382 of the Companies Act, 1, Titus Mvalo, Minister of Justice and Constitutional Affairs, make the following Regulations—
1. These Regulations may be cited as the Companies (Fees)
(Amendment) Regulations, 2020.
2. The Second Schedule to the Companies Regulations is revoked and replaced as follows-—
"SECOND SCHEDULE PART I
FEES PAYABLE TO REGISTRAR OF COMPANIES
K t
1 For an application to register a company under section 28 (1) of the Act 75,000.00
2. For an application to reserve the name of a company under section 45 (1) 20,000.00
3. For registration of an annual return under section 256 (1) of the Act 20,000.00
4. For registration of documents to affect an amalgamation under the Act 100,000.00
5. Registration of Financial Statements of a Public Company (PLC) 20,000.00
6. Application to register Public Listed Company (PLC) . . . . 500,000.00
7. For an application to restore a company to the Malawi register under
Section 3 53 of the Act .. .. .. .. 100,000.00
8. For an application to register a foreign company under section 360 (1)
of the Act .. .. .. .. .. .. 250,000.00
9. For registration of an annual return by a foreign company under the Act 20,000.00
10. 
For inspection under section 12 (1) of the Act of any number of documents contained in a single file that is part of the Malawi register or the foreign register. .
machine provided for public use, for each A4 sheet . . . . 500.00
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(b) if a photocopy is made by the Registrar, for each A4 sheet . • 1,000.00
13. For any other electronic search . . .. ■. . • 4,000.00
14. Registration of any other document . . . . . . , . 20,000.00
15. For Application as Registration as a Valuer . . . . . . 500,000.00
16. For Renewal of Registration as a Valuer . ■ .■ .. 100,000.00
PART II
SCHEDULE OF PENALTIES
AMOUNTS PAYABLE TO THE REGISTRAR OF COMPANIES BY WAY OF
PENALTY
1. For the delivery of a document after the time specified in the Act in respect of that document (whether or not any other fee is payable and in addition to any other fee payable)—
(a) if delivered not later than 25 working days after the time prescribed 100,000.00
(b) if delivered more than 25 working days after the time prescribed 200,000.00”. Made this 13th day of July, 2020.
T. Mvalo
Minister of Justice and Constitutional Affairs
Government notice No.44
TRUSTEES INCORPORATION ACT
(CAP. 5:03)
TRUSTEES INCORPORATION (AMENDMENT) RULES, 2020
In EXERCISE of the powers conferred by section 15 of the Trustees Incorporation Act, I, Titus Mvalo, Minister of Justice and Constitutional Affairs, make the following Rules—
1, These Rules may be cited as the Trustees Incorporation (Amendment) Rules, 2020.
2. The Second Schedule to the Trustees Incorporation Rules is revoked and replaced by the following new Schedule—
“SECOND SCHEDULE
MATTER
1. On application for incorporation, including certificate of incorporation
2. On notification of change of trustees, or registration of new address .
3. On application for approval of change of name or constitution,
including Registering of change or issue of new certificate of incorporation, as the case may be . . . .
4. On inspection of the register or other registered document ..
5. For taking a copy of extract of any document (in addition to inspection
fee) . . , , . . . . ...
6. Filling of Form D
7. Filling out of time of Form D
8. Failure to notify of any changes in trustee or particulars
Made this 13th day of July, 2020.
T. Mvalo
Minister of Justice and Constitutional Affairs
Government Notice No. 45
PATENTS ACT
(CAP. 49:02)
PATENTS (AMENDMENT) REGULATIONS, 2020
In Exercise of the powers conferred hy section 96 of the Patents Act, I, Titus Mvalo, Minister of Justice and Constitutional Affairs, make the following Regulations—
1, These Regulations may be cited as the Patents (Amendment)
Regulations, 2020.
2. The First Schedule to the Patents Regulations is revoked and
replaced with the following new Schedule—
“FIRST SCHEDULE (reg. 75)
FEES PAYABLE
PART A-FEES FOR PATENTS
Item Matter Local Fees Foreign Fees
K t US$
50,000 00 150.00
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2. |
On convention application in respect of each application for protection in a convention country |
60,000.00 |
180.00 |
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3. |
On application for a patent of addition |
30,000.00 |
50.00 |
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4. |
On application for a grant of an additional patent instead of an independent patent . |
20,000.00 |
20.00 |
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5. |
On lodging specification— |
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(a) provisional |
10,000.00 |
50.00 |
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(b) complete . . . . . ' |
20,000.00 |
100.00 |
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6. |
For extension of the period for lodging complete specification |
10,000.00 |
50.00 |
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7. |
On request for the postdating of an application under section 17 (1) of the Act . . . . - |
10,000.00 |
20.00 |
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8. |
For extension of time under section 20 of the Act— |
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(a) not exceeding one month |
10,000.00 |
20.00 |
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{b) not exceeding two months |
15,000.00 |
30.00 |
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(c) not exceeding three months |
20,000.00 |
40.00 |
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9. |
For extension of time under section 21 of the of the Act |
10,000.00 |
20.00 |
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10. |
On application for withdrawal of acceptance |
10,000.00 |
10.00 |
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11. |
On notice of opposition to grant of patent by objector |
50,000.00 |
300.00 |
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12. |
On claim under section (23) (1) of the Act for application to proceed in the name of claimants |
20,000.00 |
50.00 |
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13. |
On application for directions under section 23 (5) of the Act . . . . . . ■ |
20,000.00 |
20.00 |
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14. |
On a request for sealing of a patent |
20,000.00 |
50.00 |
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15. |
On application for extension of the period for requesting the sealing of a patent under provision (d) to section 25 (2) of the Act— |
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(a) not exceeding one month |
10,000.00 |
50.00 |
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(b) not exceeding two months |
15,000.00 |
60.00 |
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(c) not exceeding three months |
20,000.00 |
80.00 |
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16. |
On application for extension of the period for requesting the sealing of a patent under provision (e) to section 25 (2) of the Act— |
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{a) not exceeding one month. |
10,000.00 |
50.00 |
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(b) not exceeding two months |
15,000.00 |
60.00 |
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17. |
On application under section 26 of the Act for amendment of Patent |
10,000 00 |
50.00 |
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18. On application for certificate of payment of renewal fee—
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29. On application for amendment of provisional specification
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51. For typewritten copy of any specification or document
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9. Fee for an application to have a change of ownership recorded in the register—
(a) for a change effected by a contract assigning the
application or petty patent . . . . 20,000 00 100.00
(b) for a change effected in any other way .. 10,000 00 50.00”
Made this 13th day of July, 2020.
T. Mvalo
(FILE NO. SUB. d. 49:02) Minister of Justice and Constitutional Affairs
Government Notice No. 46
PERSONAL PROPERTY SECURITY ACT
(CAP. 48:03)
PERSONAL PROPERTY SECURITY (FEES AND STAMP DUTY)
(AMENDMENT) REGULATIONS, 2020
In Exercise of powers conferred by section 122 of the Personal Property Security Act, I, Titus mvalo, Minister of Justice and Constitutional Affairs, make the following Regulations—
1. These Regulations may be cited as tbe Personal Property Security (Fees and Stamp Duty) (Amendment) Regulations, 2020.
2. The Schedule to the Personal Property Security (Fees and Stamp Duty) Regulations is revoked and replaced as follows—
“SCHEDULE
FEES PAYABLE BY A USER WHEN ACCESSING THE REGISTRY
K t
1. For registering an electronic financing statement .. . 10,000.00
2. For generating a search certificate .. . .* . 2,000,00”.
Made this 13 th day of July, 2020.
T. Mvalo
Government not ice no. 47
TRADEMARKS ACT
(Cap. 49:01)
TRADEMARKS (AMENDMENT) REGULATIONS, 2020
In Exercise of the powers conferred by section 81 of the Trademarks Act, 1, Titus MVALO, Minister of Justice and Constitutional Affairs, make the following Regulations—
1. These Regulations may be cited as the Trademarks (Amendment)
Regulations, 2020.
2. The First Schedule to the Trademarks Regulations is revoked and
replaced by following new Schedule—
“FIRST SCHEDULE (reg. 3)
TARIFF OF FEES
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(d) for registration upon application made at the same time of one certification trademark under section 40
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(/) on application under section 23 of the Act, to cancel the entries of a registered user of more than one trademark—
(i) 
for the first mark
(ii) for every other mark of the proprietor for which the user is registered , included in the application . .
(g) on notice, under section 23 of the Act and
regulation 101, of intention to intervene in one proceeding for the variation or cancellation of entries of a registered user of trademarks
7 (a) On application for certificate of the Registrar, under section 22 (2) of the Act—
(i) for the first proposed to be assigned or transmitted
(ii) for every other mark of the same proprietor included in the assignment or transmission , .
(£>) on application for directions by the Registrar for advertisement of assignment of trademarks in use, without goodwill—
(i) for one mark assigned
(ii) for every other mark assigned with the same devolution of title
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(c) on application for extension of time for applying for directions for advertisement of trademarks in use without goodwill, in respect of one
more than one trademark standing in the same name, the devolution of the title being the same in each case—
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(i) if made within six months from the date of
acquisition of proprietorship for the first mark 20,000.00 20.00
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(ii) for every mark.. |
25,000.00 |
20.00 |
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(iii) if made after expiration of twelve months from the date of acquisition of proprietorship for the first mark |
20,000.00 |
20.00 |
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(iv) for every other mark .. .. |
6,000.00 |
5.00 |
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(a) On application to change the name or description of a proprietor or a registered user of a single trademark where there has been no change in the proprietorship or in the identity of the user |
10,000.00 |
10.00 |
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(/’) on application to change the name or description of a proprietor or a registered user of more than one trade mark standing in the same name, where there has been no change in the proprietorship or in the identity of the user, the change being the same in each case— |
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(i) for the first mark |
10,000.00 |
10.00 |
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(ii) for every other mark |
6,000.00 |
5.00 |
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(a) For renewal of registration of a trademark at expiration of last registration. . . . . . |
50,000.00 |
100.00 |
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0b) for a renewal of registration of series of trademarks under section 19 (3) of the Act, at expiration of last registration—- |
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(i) for the first mark of the series |
50,000.00 |
100.00 |
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(ii) for every other mark of the series. . |
20,000.00 |
20.00 |
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(c) for renewal of registrations of the same certification trademark with the same date for goods or services in more than one class in respect of every class |
20,000.00 |
20.00 |
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{d) addition fee under regulation 67 |
40,000.00 |
40.00 |
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(e) restoration fee under regulation 68 |
60,000.00 |
60.00 |
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(a) On application to the Registrar for leave to add to or alter a single registered mark - . . |
40,000.00 |
40.00 |
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(b) on an application to the Registrar for leave to add to or alter more than one registered trademark of the same proprietor, being identical marks, the addition or alteration to be made in each case, being the same— |
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(i) for the first mark |
20,000.00 |
20.00 |
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(ii) for every other mark |
10,000.00 |
10.00 |
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(c) on notice of opposition to application for leave to add to or to alter registered trademarks for each application opposed |
20,000.00 |
20.00 |
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19. |
(a) On application by registered proprietor under regulation 6, for conversion of specification |
10,000.00 |
10.00 |
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(b) on notice of opposition to a conversion of the specification or specifications of a registered trademark or registered trademarks— (i) for one trademark |
10,000.00 |
10.00 |
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(ii) for every other trademark of the same proprietor having the same specifications |
10,000.00 |
10.00 |
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20. |
Notice to Registrar that notice of appeal has been file with the Registrar of the Tribunal |
20,000.00 |
20.00 |
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21. |
For a search under regulation 113 in respect of one class— (a) without application for the Registrar’s advice under regulation 20 . . |
10,000.00 |
10.00 |
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(6) with application for the Registrar’s advice under regulation 20 . . |
20,000.00 |
20.00 |
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22. |
On request for the Registrar’s preliminary advice under regulation 20, for each trademark submitted in respect of one class |
30,000.00 |
50.00 |
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23. |
For certificate of the Registrar other than certificate under section 11 (2), relating to the registration of a trademark |
10,000.00 |
30.00 |
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24. |
For certificate of the Registrar (other than certification under section 11 (2) of the Act) relating to the registration of a series of trademarks under section 19 (2) of the Act |
10,000.00 |
10.00 |
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25. |
(a) For permission to search in files and documents for each file searched .. . . |
10,000.00 |
10.00 |
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(b) for permission to search indices, including terminal index |
10,000.00 |
10.00 |
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(c) for permission to search register per volume |
50,000.00 |
70.00 |
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26. |
For permission to search amongst the classified representations or scrap books of trademarks per volume |
230,000.00 |
0.00 |
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27. |
For photographic copy of documents or drawings, per sheet |
5,000.00 |
5.00 |
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28. |
For certifying office copies, MSS, or photographic or printed matter— (a) under seal . . |
20,000.00 |
30.00 |
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(h) other |
10,000.00 |
15.00 |
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29 |
On every authorization of an agent |
20,000.00 |
30.00 |
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30, On application for registration in the Register of
Trademark Agents under section 75 of the Act .. 150,000.00
31, For renewal of registration in the Register of Trademark Agents, payable per annum before the end of 31st July
(in respect of each Government financial year) .. 100,000.00
For the purpose of these search fees (except as specially provided above) every mark of a series under section 19 of the Act, or any preceding similar enactment, shall be deemed to be a mark separately registered.”
Made this 13th day of July, 2020.
T. MVAIO
Minister of Justice and Constitutional Affairs
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