Improving the legal environment for business in Eswatini
Eswatini Companies & Registry Reform
The Government of the Kingdom of Eswatini is working to reform and modernize the Eswatini Companies Act 2009 to better serve the business community.
The reforms will make it quicker, easier, and less expensive to start a business and fulfil reporting requirements for existing businesses, by:
- making all company formation and other filing documents available to the public via an online registry system;
- streamlining business reporting and filing requirements (including annual returns), removing outdated formalities, and simplifying company types; and
- enabling the use of technology not only for submission of filings, but also for searching the registry so that information can be presented to interested parties (like lenders, lawyers, accountants, etc.) in real time;
- implementing an on-line registry platform that can have additional functions added to it so as to future-proof registration and other filing requirements for all businesses.
The reforms will also:
- increase certainty and clarity by codifying directors duties;
- expand shareholders’ rights and protections;
- address international anti-money-laundering/countering financing of terrorism (AML/CFT) concerns;
- enable easier access to finance for businesses; and
- modernize procedures for closing a business, including new provisions related to receivership, rescuing a business, and liquidation..
For more information, view the Bill, Fact Sheet, or consultation papers.
These important business reforms are led by the Investor Roadmap Unit, a department of the Ministry of Commerce, Industry and Trade, Government of the Kingdom of Eswatini.
The Investor Roadmap Unit aims to create a conducive environment for business to thrive by eliminating impediments, bureaucratic red tape and procedures by cutting the time it takes and the costs involved in doing business.
Have your say
The Investor Roadmap Unit of the Ministry of Commerce, Industry and Trade is leading these reforms and is currently seeking feedback on the five companies reform public consultation papers and the proposed Eswatini Companies Bill.
You can provide your feedback via the submissions portal here or by emailing investorroadmap2022@gmail.com. Submissions are open to all interested parties.
