Registration of Foreign Company

Overview

The Companies Act, 2013, contains provisions for the registration of Foreign Companies in The Gambia. Where a foreign company wishes to begin or carry on any business or undertaking in The Gambia after the 9th of October 2013, it must register under and according to the Companies Act, 2013 and the Single Window Business Registration Act, 2013.

Foreign companies or companies incorporated outside The Gambia which establish a business within The Gambia must have a place of business in The Gambia.

Procedure for Registration

  1. Foreign companies which wish to establish a place of business must submit to us, the following documents for registration:
    • A certified copy of the charter of the company;
    • A certified copy of the statutes of the company; or
    • A certified copy of the memorandum and articles of association of the company; and
    • Where the instrument is not written in the English language, a certified translation of the instrument;
  2. The full address of the registered or principal office of the company and its principal place of business in The Gambia;
  3. The full names and any former names, nationality, usual addresses, occupation, and national identification number of each of the directors,
  4. The names and address of one or more persons resident in The Gambia authorized to accept on behalf of the company, service of process and any notices required to be served on the company;
  5. The list of directors of the company containing all relevant details with respect to the register of directors of a company. Such list shall contain the following details:
    • With respect to each director –
      • In the case of an individual, his or her present first names and surname and any former first name or surname, his or her usual residential address, his or her nationality and his or her business occupation, if any, or if he or she has not business occupation but holds any other directorship(s), particulars of that directorship or of some of those directorships; and
      • In case of a body corporate, its corporate name and registered or principal office;
    • With respect to the secretary or, when there are joint secretaries, with respect to each of them –
      • In the case of an individual, his or her present first name and surname, any former first name and surname and his or her usual residential address; and
      • In the case of a corporation, its corporate name and registered or principal office
  6. Where all the partners in a firm are joint secretaries of the company, the name and principal office of the firm may be stated instead of the particulars;
  7. A resolution of the board of directors of the foreign company authorizing the registration of the foreign company in The Gambia;

Effect of Registration

Any alteration made in the:

  • Charters, statutes or memorandum and articles or any instrument or defining constitution of the company;
  • Directors or secretary of the foreign company or the particulars contained in the list of directors and secretary; or
  • Names or addresses of the persons authorized to accept service on behalf of a foreign company,
    must deliver to us for registration a return containing the prescribed particulars of the alteration.

Internal Procedure

If we are instructed in the registration of the foreign company, then in addition to supplying us with the required items detailed above, please confirm to us the names of the Directors who will sign the Memorandum and Articles of Association and the name and address to which we send the Memorandum and Articles of Association for signing.

Please address any enquiries to info@amiebensoudaco.net