Reserve the company name
Agency: Business Registry
The entrepreneur submits a standard form with three different business names to check the availability. Once the availability is confirmed, the entrepreneur can reserve the name, which will be valid for 30 days. The name search has been computerized. This process can be completed on the spot at the Business Registry. The ‘data officer’ signs the name search form approving the name of the company.
Time and cost: 1 day, fees included in procedure 3
Prepare the company documents with a lawyer
Agency: Law firm
The entrepreneur prepares the Memorandum and Articles of Association with a lawyer. The Business Registry requires entrepreneurs to use a lawyer to draft the MoA. The MoA has to state the objectives of the company; list and postal address of the shareholders and include the articles of association. Copies of the passports or nationality IDs are also attached. The lawyer who drafts the Memorandum and articles of association must be an enrolled advocate in the republic of South Sudan and must hold a valid practicing license for that specific year.
Time and cost: 1 day, SSP 2,500
Pay the fees and obtain the Certificate of Incorporation from the Business Registry
Agency: Business Registry
The advocate collects the necessary documents (name search form signed, MoA) and pay the fees at the business registry before to obtain the Certificate of Incorporation. At the registry, the documents are assigned to one of the legal counselors seated at the business registry. There are 9 people working as legal counselors divided in 3 sections: 4 for limited liability companies, 3 for business names and partnerships and 2 for NGOs. They check the activities, capital and shareholders of the companies. After approval by the legal counselors, the certificate of registration is printed and signed by the Registrar. The Registrar is the only person who can sign the certificate. This certificate has to be renewed at the registry every year.
Time and cost: 2 days, SSP 39,000
Obtain an Operating License
Agency: Government of Jubek State
The entrepreneur fills in a form, presents the Certificate of Incorporation, indicates the address of the company headquarters, and pays the fees to the Jubek State Revenue Authority. An official from the Directorate of Trade should visit the office to confirm its whereabouts, but it does not happen in practice.
Time and cost: 2 days, SSP 5,000
Obtain a Trading License
Agency: The Payam
An application form is filled out and the companies’ documents are submitted to the Executive Director at the Payam (Juba City Authority).
Time and cost: 2 days (simultaneous with previous procedure), SSP 1,800
Inspection by the Payam
Agency: The Payam
The Payam does an inspection of the business premises.
Time and cost: 1 day (simultaneous with previous procedure), no charge
Register with the Ministry of Finance and request a Tax Identification Number (TIN)
Agency: Ministry of Finance
Companies need to request a TIN number from the Ministry of Finance.
Time and cost: 7 days (simultaneous with previous procedure), no charge
Inspection and delivery of the TIN number
Agency: Ministry of Finance
The directorate of taxation inspects the location to verify the address. The Ministry of Finance wants to reduce the occurrence of ‘brief-case’ companies (people working at home or from a hotel).
Upon obtaining a TIN, all companies are required to pay an amount equal to 10% of their monthly rent as a tax.
Time and cost: 1 day (simultaneous with previous procedure), no charge
Register with the Chamber of Commerce
Agency: Chamber of Commerce
All businesses must register with the Chamber of Commerce in order to obtain tax clearance and conduct certain commercial operations. Additionally, the membership card/Chamber of Commerce certificate is required to open a bank account. Only the certificate of incorporation is needed to register with the Chamber of Commerce.
The Chamber of Commerce has 4 categories of membership. All local companies with purely South Sudanese ownership can be silver member or higher.
The fees are:
- Ordinary member: SSP 100 paid once and annual subscription fee of SSP 850 every year.
- Silver member: SSP 100 paid once and annual subscription fee of SSP 1850 every year.
- Gold member: SSP 100 paid once and annual subscription fee of SSP 3700 every year.
- Associate member: SSP 100 paid once and annual subscription fee of SSP 7400 every year.
Time and cost: 7 days (simultaneous with previous procedure), SSP 1950
Register with the Ministry of Labor
Agency: Ministry of Labor
Part X of the Labor Act of Sudan (1997) establishes that the company must deposit the basic work and penalties regulations with the competent labor office. The Ministry of Labor approves the contract of the company’s employees. Once a year, the Ministry of Labor asks the company to submit the list of its employees.
Time and cost: 1 day (simultaneous with previous procedure), no charge
Open a separate bank account for social security payments
Agency: Bank
There is no social security fund or institution yet in South Sudan. As a temporary measure, the Ministry of Public Labor, Public Service & Human Resource Development of the Government of Southern Sudan issued a circular (Circular J/5/21, March 22, 2010) instructing companies to open a separate bank account to deposit social security payments until a new mechanism is devised.
Time and cost: 1 day (simultaneous with previous procedure), no charge
Obtain a company seal
Agency: Sealmaker
The Company Act of 2012 requires companies to obtain a company seal. The seals can be acquired at any shop.
Time and cost: 1 day (simultaneous with previous procedure), SSP 90
