Legal Alert | 90-Day Deadline for BRELA ORS Registration

The Business Registrations and Licensing Agency’s (BRELA) public notice dated 27 September 2019 puts all businesses that have not yet been registered on the Online Registration System (ORS) on a tight deadline of 90 days to comply. In addition to carrying out the pre-requisite steps for setting up an ORS account, such as local registrants, directors and shareholders possessing a National Identification Number (NIN) [1] and local directors possessing a Tax Identification Number, the businesses are also required to ensure that they update their statutory records in compliance with local laws by uploading supporting documentation on the ORS including, annual returns, changes in directorship and/or company secretaries, share transfers, resolutions, changes in address, etc. BRELA has stressed on the importance of ensuring that the information uploaded is accurate and complete and that any errors or omissions in the records be rectified as part of this process.

Depending on the manner in which businesses have been maintaining their statutory records,  particularly for businesses that have been in existence for many years and have undergone shareholding and directorship changes, this could be a cumbersome process that may require the perusal of physical files at BRELA. Although the notice does not state any penalties or consequences for failure to comply, we urge our clients to err on the side of caution because businesses will not be able to make any statutory changes to their records unless they migrate to the ORS as indicated by BRELA when it issued the first directive for registration on the ORS in March 2018. Please click here to view the notice.


[1] In order to address the issue of delays in the issuance of NINs, BRELA has simultaneously released a public notice in conjunction with NIDA, stating that NINs for ORS will be issued within two days after applications are lodged with the relevant NIDA offices. Applicants can thereafter access their NIN online here, pending the issuance of the actual card. Please click here to view the notice.


Should you require assistance on complying with BRELA’s directive, please do not hesitate to contact our team of legal and company secretarial experts at A&K Tanzania and Adili Corporate Services.

Should you have any questions regarding this legal alert, please do not hesitate to contact Shemane Amin or Diana Koka.

 

   
Shemane Amin
Director
sda@tz.africalegalnetwork.com
Diana Koka

Diana.Koka@axis-tanzania.co.tz

 

The content of this alert is intended to be of general use only and should not be relied upon without seeking specific legal advice on any matter.