You’ve already weighed your options and chosen the type of business entity that suits your vision—well done! Now let’s focus on how to approach the Registrar of Companies to make your business official. I’ll also address whether you might need professional assistance along the way.

How Do I Approach the Registrar of Companies?

The process begins with visiting the Registrar of Companies’ office, which is under the Ministry of Justice, Legal, and Parliamentary Affairs in Zimbabwe. Here’s a step-by-step breakdown of how I’d proceed:

1. Step 1: Reserve Your Business Name

– Start by submitting an Application for Name Reservation. This ensures yourdesired business name is unique and available for use.

– The process typically takes a few working days, and you’ll receive a confirmationonce the name is approved and reserved.

– Fee for Name Reservation: USD 5.

2. Step 2: Prepare Required Documents

– Gather the necessary documents based on the type of entity you’re registering(outlined in detail below).

– Be meticulous—any incomplete or incorrect forms may delay the process.

3. Step 3: Submit Forms and Pay Fees

– Once your documents are ready, submit them to the Registrar of Companies office.You’ll also need to pay the prescribed registration fees for your chosen entity type.

– Double-check your submissions to avoid errors, as even minor mistakes can resultin rejections or delays.

4. Step 4: Collect Your Registration Certificate

– Upon successful processing, you’ll receive either a Certificate of Incorporation (forcompanies) or a Business Registration Certificate (for sole proprietors or otherentities). This document is your legal proof of registration.

Do I Need a Professional Service Provider?

While it’s possible to handle the registration process on your own, there are stages where engaging a professional service provider can be highly beneficial, especially if you’re unfamiliar with the legal and administrative requirements. Here’s a breakdown:

A. When Professional Help is Helpful

– Drafting Documents: Preparing the Memorandum and Articles of Association (forcompanies) or Partnership Agreements can be complex. Professional service providers,such as company secretaries or legal experts, ensure these documents meet legalstandards.

– Navigating Compliance: Professionals can guide you through COBE’s requirements,helping you complete forms like the CR5, CR6, and CR11 accurately.

– Speed and Efficiency: Experienced agents often have a streamlined approach, savingyou time and effort.

B. When You May Not Need Professional Help

– If you’re registering a sole proprietorship or a Private Business Corporation (PBC), theprocess is relatively straightforward and may not require professional assistance.

– For partnerships and cooperatives, having clear agreements or constitutions oftensuffices, though legal advice can still be helpful.

Ultimately, whether or not to use a professional service provider depends on your comfort level with the process and the complexity of the entity you’re registering.

Requirements by Business Entity Type

I. Private Limited Company (Pvt Ltd)
To register a Private Limited Company, the following are required:
i. Memorandum and Articles of Association: Legal documents defining the company’s purpose, structure, and governance, including how it will operate and the roles of directors and shareholders.
ii. CR5 Form: Notifies the Registrar of the registered office and postal address, confirming where the company operates from.
iii. CR6 Form: Lists the directors and company secretary, along with their roles and IDs.
iv. CR11 Form: Records the shares issued and allocated among shareholders.
v. Copies of Directors’ IDs: Verifies the identities of all directors.
vi. Proof of Address: Confirms the company’s physical location (e.g., utility bill or lease agreement).

Registration Fee: USD 40.

II. Public Limited Company (Ltd)
For a Public Limited Company, the following are required:
i. Memorandum and Articles of Association: Outlines the company’s structure, including the ability to issue shares to the public.
ii. CR5 Form: Declares the registered office and postal address.
iii. CR6 Form: Details the directors, secretaries, and their specific roles.
iv. CR11 Form: Records shares issued to the public and their allocation.
v. Declaration of Compliance: A sworn document affirming adherence to the Companies Act.
vi. List of Initial Shareholders: Contains names, contact details, and shareholdings of the first shareholders.
vii. Proof of Address and IDs: Verifies the identities and contact details of directors and shareholders.

Registration Fee: USD 80.

III. Partnership
To register a partnership:
i. Partnership Agreement: Lays out the terms of the partnership, including roles, profitsharing arrangements, and dispute resolution processes.
ii. Names and Addresses of Partners: Includes personal identification of all partners.
iii. Proof of Address: Confirms the location of the partnership’s operations.

Registration Fee: USD 20.

IV. Sole Proprietorship
For a sole proprietorship:
i. Personal Identification Document: A copy of my national ID or passport.
ii. Proof of Address: Confirms where the business operates.
iii. Business Name Registration: If I’ll trade under a name other than my own, this step is necessary.

Registration Fee: USD 20 (for business name registration).

V. Cooperatives
For cooperative registration:
i. Constitution of the Cooperative: Defines the objectives, governance structure, and responsibilities of members.
ii. List of Founding Members: Names, addresses, and ID copies of all founding members.
iii. Minutes of the First Meeting: Confirms the decision to form the cooperative.
iv. Application Form: Submitted to the Registrar of Cooperatives.

Registration Fee: USD 80.

VI. Trusts
For trust registration:
i. Trust Deed: Establishes the purpose, assets, and beneficiaries of the trust.
ii. List of Trustees: Names, addresses, and ID copies of trustees managing the trust.
iii. Proof of Assets: Documentation of the assets under the trust’s management.
iv. Application to the Master of the High Court: Trusts are registered with the Master of the High Court.

Registration Fee: Varies (consult the Master of the High Court).

VII. Private Business Corporation (PBC)
To register a PBC:
i. PBC Registration Form: Lists the members and their roles in the business.
ii. CR5 Form: Declares the registered office and postal address.
iii. CR6 Form: Lists members acting as directors or secretaries.
iv. Copies of Members’ IDs: Confirms the identities of all members.
v. Proof of Address: Verifies the physical location of the business.

Registration Fee: USD 20.

Congratulations—You’re Ready to Register!

With this detailed guide, you’re fully equipped to approach the Registrar of Companies and make your business official. Whether you choose to handle the process independently or seek professional help, you’re one step closer to making your entrepreneurial dreams a reality.