Public Notice 07012024 – Registrar Directive – 01 of 2024 Inactive Benefical Ownership List
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e REGISTRAR DIRECTIVE
bipa 01 of 2024
==
NOTICE IN TERMS OF SECTION 122A (11) OF THE COMPANIES ACT, 2004 (ACT NO. 28 OF 2004)
AND SECTION 16A (11) OF THE CLOSE CORPORATIONS ACT, 1988 (ACT NO. 26 OF 1988) AS
AMENDED
INTRODUCTION:
1.1, The Business and Intellectual Property Authority (BIPA) is established in terms of Section 3 of the BIPA Act, 2016 (Act
No. 8 of 2016) as the focal point for the registration of business and industrial property. BIPA is further responsible for the
administration and protection of business and intellectual property. Within the context of the effective functioning of the
national AML/CFT/CPF framework, BIPA, amongst other functions, collects and maintains an updated beneficial ownership
registry used in the framework as per Section 4(1) of the Financial Intelligence Act 2012 (as amended); and
1.2 Section 122A (3) of the Companies Amendment Act No. 4 of 2023 and Section 16A of the Close Corporations
Amendment Act No. 5 of 2023 makes it mandatory for all companies and close corporations at registration and annually
thereafter, to submit to the Registrar of Companies and Close Corporations, up-to-date information on beneficial ownership.
AS SUCH, THE REGISTRAR HEREBY GIVES NOTICE THAT:
241 The Registrar in terms of section 122A (11) Companies Act, 2012 (Act No. 28 of 2004) as amended (“the Companies
Act”) the Close Corporations Act, 1988 (Act No. of 1988) as amended, and the Registrar’s Directive 02 of 2023, has
reasonable grounds to believe that the entities listed in the Annexure attached (or such online link provided) to this directive
have failed to keep and maintain a register of Beneficial Ownership and failed to comply with the period referred to in
section 122A (3) of the Companies Act and section 16A of the Close Corporations Act, and is herewith directed to comply.
2.2 In light of the above, the entities listed in the Annexture (or such online link provided) hereto are hereby directed to
file with the Registrar the information in terms of section 122A (3) of the Companies Act and section 16A of the Close
Corporations Act within seven (7) working days from the date of this directive.
2.3 The companies and close corporations listed are further notified that failure to do so will, unless good cause is
shown, warrant the Registrar to impose the following penalties:
2.2.1 an administrative penalty as provided for in terms of sections 122A (14) of the Companies Act, 2004 as
amended and section 16A (14) of the Close Corporations Act, 1988 as amended,
2.2.2 an additional daily penalty for each day the contravention continues.
24 Simultaneously, the entity will be placed on an inactive list. Failure to remedy the non-compliance within 6 months
after being placed on the inactive list will result in the deregistration of such entity.
3. All information, including the Beneficial Ownership Inactive List Annexture referred to herein above, may be accessed via
our website: https://www.bipa.na/beneficial-ownership or at our office at 3 Ruhr Street, Northern Industrial Area,
Windhoek.
SAND INTETY
SK BERTY AUTH GED
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PL bip a a
Protecting eon A innovation
07 JAN 2024
PO Box 185 Windhoek, Namibia
Tee +264 61 299 4400
464 401 061
Yfo@bipa.na
Citta .bipa.na
© Chiet exes
BY ORDER:
Ss,
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REGISTRAR OF BUSINESS AND INTELLECTUAL PROPERTY
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