UGANDA REGISTRATION SERVICES BUREAU CLIENT CHARTER

Transcription

1 UGANDA REGISTRATION SERVICES BUREAU CLIENT CHARTER

2 VISION Be an organization that is efficient, effective, self-sustaining, and customer focused in service delivery MISSION To ensure protection of the individual, the private sector and civil society through registration of Business Enterprises, Intellectual Property Rights, Civil registrations such as births, deaths, marriages, act as the Official Receiver and collect Non Tax Revenue through an effective records management system. SLOGAN: Your registration needs served CORE VALUES 1. Professionalism 2. Integrity 3. Transparency 4. Accountability 5. Punctuality 6. Customer care FUNCTIONS OF THE BUREAU Section 4(2) of the URSB Act stipulates that the Bureau shall, for the purpose of achieving its objectives, have the following functions:- 1. Carry out all registrations required under the relevant laws; 2. Maintain registers, data and records on registrations affected by the bureau and to act as a clearing house for information and data on those registrations; 3. Evaluate from time to time the practicability and efficacy of the relevant laws and advise the Government accordingly; 4. Carry on research and also disseminate research findings in the fields covered by the relevant laws through seminars, workshops, publications or other means and to recommend to the Government any improvements in the relevant laws appearing to the Bureau to be required as a result; 5. Charge fees for any services performed by the Bureau; Uganda Registration Services Bureau Client Charter

3 6. Perform any other function or to carry out such other activity as may be conducive or incidental to the efficient discharge of its objects or as the Minister may, by statutory instrument, direct. 7. Act as the agent of the Uganda Revenue Authority in the collection of stamp duty under the Stamps Act in respect of any documents or other matter on or in respect of which stamp duty is required to be paid and connected with the functions of the bureau under this Act. SERVICE MANDATE The following regulate our service standards as an organization: Business Registration 1. The Uganda Registration Services Bureau Act Cap The Companies Act No. 1 of Registration of Documents Act Cap Partnership Act, No.2 of Business Names Registration Act Cap The Finance Act, 2003 (as amended) 7. The Chattels Securities Act No. 7 of The Capital Markets Authority (Amendment) Act No.12 of The Non-Governmental Organizations Act No.1 of The Mortgage Act No. 8 of 2009 Intellectual Property Rights 1. The Industrial Property Act of The Geographical Indications Act The Trademarks Act The Trademark Regulations The Copyright and Neighbouring Rights Act, The Copyright and Neighbouring Rights Regulations S.I No. 1, The Trade Secrets Protection Act, 2009 Official Receiver Uganda Registration Services Bureau Client Charter

4 1. The Companies Act, Insolvency Act,2011, Statutory Instrument No.36 of The Insolvency Regulations, No. 36 of The Insolvency (Fees) Regulations, Statutory Instrument No.26 of 2013 Civil Registration 1. Article 18 of the 1995 Constitution of Uganda 2. Uganda Registration Services Bureau Act Cap The Marriage Act Cap 251 Statutory 4. The Marriage (Amendment of 2 nd Schedule) Order, No.25 of The Marriage (Districts and Registrars) Order Statutory Instrument Hindu Marriage and Divorce Act Cap The Hindu Marriage and Divorce (Marriage Registration) Rules Statutory Instrument The Hindu Marriage and Divorce (Marriage Registration) (Amendment) Rules, No.22 of Customary Marriage (Registration) Act Cap The Customary Marriage (Registration) (Prescription of forms and fees) Regulations Statutory Instrument The Marriage and Divorce of Mohammedans Act Cap The Marriage and Divorce of Mohammedans (Jurisdiction in matrimonial causes) Instrument Statutory Instrument The Marriage and Divorce of Mohammedans (Appointment of Registrars) (Amendment) Order, No. 23 of The Marriage and Divorce of Mohammedans (Fees) (Amendment)Order, No 24 of 2014 Institutional and Legal Framework 1. The Constitution of the Republic of Uganda 2. The Uganda Registration Services Bureau Act Cap Stamps Act Cap The Local Government Act Cap 243 as amended Uganda Registration Services Bureau Client Charter

5 DIRECTORATES HANDLING REGISTRATION SERVICES DIRECTORATE BUSINESS REGISTRATION SERVICES OFFERED i) Companies Reservation of name Searches of the names database to avoid duplicating companies Registration of companies including single member companies Certification and verification of certificates Rendering legal advice Registering resolutions and company forms Search of records ii) Business Names Search of Names Registration of business names Certification and verification of certificates Change in particulars registered Cessation of Business iii) Documents Registration of documents such as Powers of Attorney, Debentures, Deeds, Constitutions, Agreements Certification and verification of certificates iv) Charges Search on register of charges Registration of charges v) Considering applications to the Registrar to issue orders and licenses under Companies Act 2012 vi) Reservation of NGO names OFFICIAL RECEIVER/ LIQUIDATOR Winding up of companies Act as the Official Receiver or Interim Receiver when appointed by Court Uganda Registration Services Bureau Client Charter

6 CIVIL REGISTRATION Administering and investigating the affairs of bankrupts and Insolvent companies. Investigating the directors, shareholders, contributories and all present and past officers of an insolvent company or of a company which being wound up or liquidated, for the purpose of establishing any fraud of impropriety. Investigating the promotion, formation, failure and conduct of business of an insolvent company. Prosecute any person for offences committed under the act or discovered to have a case to answer as a result of the investigations carried out. Investigating the conduct of Insolvency Practitioners and to prosecute them for any offences committed under the Insolvency Act. Act during the vacancy in the office of an Insolvency Practitioner. Taking all necessary steps and actions considered fit for the official receiver to fulfil provisions of the Act. Authorizing and regulating the Insolvency profession and advise government directorates and agencies on insolvency, redundancy and related issues. Providing information to the public on the same. i)marriages Registration of marriages occurring in Uganda Forward applications to the Honorable Minister of Justice & Constitutional Affairs for licenses for places of worship to conduct marriages Where applicants desire to have marriages celebrated in places that are not licensed to celebrate marriages, forward applications to the Minister of Justice & Constitutional Affairs for licenses to gazette places to conduct marriages Uganda Registration Services Bureau Client Charter

7 INTELLECTUAL PROPERTY REGISTRAR GENERAL Advertise notices of marriage for Kampala Capital City Celebrate civil marriages for Kampala Capital City Forward applications to the Honorable Minister of Justice and Constitutional Affairs for dispensing with the 21 day notice period requirement. These licenses are granted by the Honorable Minister of Justice and Constitutional Affairs. Register and archive marriage records from District Local Governments and places authorized to conduct marriages. Supply materials to District Local Governments and places of worship authorized to conduct marriages Provide advise to clients Sensitization and public awareness Collection of non tax revenue Certification and verification of marriage certificates. ii)issuing Marital Status Letters Issuing letters of marital status Provide advise to clients Collection of non tax revenue Certification and verification of marital status letters Receive and process applications for patents, utility models and industrial designs Receive and process trademark applications Register copyrights Handle oppositions and rectifications Prepare gazette notices Certification and verification of certificates Any other service under the various laws Providing legal advice Overall supervision of the different departments of the organization Uganda Registration Services Bureau Client Charter

8 Handling all administrative issues of the organization Receiving and resolving clients complaints and appeals Responding to various correspondences Overall planning Relations with international bodies Advice and support to all departments BUSINESS REGISTRATION PROCESS IN SUMMARY 1. Company Summary Incorporation DETAILS Reservation of company name Assessment of fees* Payment at Bank within* Presentation of form for registration of a company articles and memorandum of association (optional) for assessment as well as forms A1&A2 Payment of fees at Bank within Stamping and signing of documents Issuing of certificate of incorporation The whole process from name reservation to issuing of incorporation certificate if all documents are in order & under normal circumstances TIMEFRAME 1 hour, valid for 30 days (subject to extension) 2 Hours 1 Day 5 Minutes 16 Working Hours Uganda Registration Services Bureau Client Charter

9 2. Registration of other company forms Summary 3. Search of Records Summary 4. Registration of Documents Summary 5. Registration of Business Names Summary 6. Change of Particulars Assessment of fees payable Payment at bank within Stamping of documents and entry in register Assessment of fees Payment at bank within Search and retrieval of documents Search Report Assessment of fees Payment of fees Registration and certification Name Search Assessment of fees Payment of fees at bank within Certificate of Registration Assessment of fees 3 Hours 16 Working Hours 20 Minutes 1 Hours 6 Hours 2 Hours 8 Hours 4 Hours 4 Hours One Day Uganda Registration Services Bureau Client Charter

10 Summary Payment of fees at bank within Registration N/A 4 Working Hours 8 Working Hours *There is a bank situated with in the business floor however, Clients are free to also make their payments in designated banks of their own choice *Self-assessment is an available option as well. However, the time fluctuates and is dependent on availability of the URA portal FEES SCHEDULE SERVICE DETAILS COSTS (UGX. & US$) Document Registration Registration of Documents 10,000/= Registration on duplicate copy 10,000/= Registration on certified copy 5,000/= Stamp Duty 5000/= per copy Search Fees 2,000/= per record Certification of a particular document 5,000/= per first 100 words& 2000/= for any other folio after first 100 words Business Names Registration Registration Fees 20,000/= Change of particulars 10,000/= Search 2,000/= Filing Fees 1,000/= per copy Cancellation of Entry 5,000/= per copy Change of Address 5,000/= per copy Ratification of register 10,000/= per copy Notice of cessation 10,000/= per set Certification 5000/= Uganda Registration Services Bureau Client Charter

11 Incorporation of Companies with Share Capital Incorporation of Company without share capital Foreign Companies Name reservation 20,000/= Registration fees of nominal 50,000/= capital of 1M-5M Registration fees of nominal 1% of Share Capital capital exceeding 5M Annual Returns 50,000/= Company Resolutions 20,000/= Company Forms 20,000/= per form Stamp duty 0.5% of share capital Registration fees of a company 80,000/= limited by guarantee includes reservation fees, filing and registration fees Stamp Duty of Company 35,000/= limited by Guarantee Registration of annual returns 30,000/= of a company including a copy of balance sheet Registration of certified copy $250 of memorandum or equivalent Any other document (forms) $55 Registration of Charges Certification, per copy $10 Registration of mortgage/charge 50,000/= Uganda Registration Services Bureau Client Charter

12 Registration of series of 50,000/= debentures Inspection of register 20,000/= Registration of receiver or manager of property 25,000/= WINDING UP PROCEDURE There are two types of voluntary winding up 1. Members Voluntary Winding up This is when the shareholders of a company decide to put the company by way of a special resolution under liquidation and there are enough assets to pay all the debts i.e. the company is solvent. 2. Creditors Voluntary Winding up This is when the shareholders of a company decide to put the company into liquidation, but there aren t enough assets to pay off its liabilities i.e the company is insolvent. Procedure and Statutory Requirements for Members Voluntary Winding up Procedure for Winding up of Companies Service Statutory Requirements Time frame of registration Cost Members Voluntary Winding Up Filing and Registration of Statutory Declaration of Solvency Registration of Special Resolution for winding up and appointment of a liquidator. Filing with the Registrar and serving the Official Receiver with a copy of the gazette and newspaper advert in which Notice of the resolution to windup is published. Filing Statement of Affairs of Company by the Liquidator 2 hours 15,000 2 hours 20,000 2 hours 2 hours 20,000 Uganda Registration Services Bureau Client Charter

13 Filing with the Registrar the Liquidator s Preliminary Report and a copy of the advert in which Notice of the Report is published Filing a copy of the Liquidator s Interim Report with the Registrar and Official Receiver and a copy of the advert in which the Notice of the Report is published. Filing a copy of the Final Report with the Registrar and Official Receiver and a copy of advert in which the Notice of the report is published. Filing and Registration of return of Final Account and a return of the General meeting. 30 Minutes 30 Minutes 30 Minutes 30 Minutes Upon expiration of three months from the date of registration of the return, the company shall be taken to be dissolved. Creditors Voluntary Winding Up It is a procedure, instigated by an insolvent company, by which the assets of the insolvent company are sold, and the proceeds are distributed to the company's creditors. At the end of the liquidation, the company is dissolved. The process is managed by a liquidator Registration of Special Resolution for winding up and appointment of a liquidator Filing with the Registrar and serving the Official Receiver with a copy of the gazette and newspaper advert in which notice of the Resolution for winding up is published. Filing Statement of Affairs of company by Liquidator Filing with the Registrar the Liquidator s Preliminary Report and a copy of the advert in which Notice of the Report is published. Filing a copy of the Liquidator s Interim Report with the Registrar and Official Receiver and a copy of the advert in which the Notice of the Report is published. Filing a copy of the Final Report with the Registrar and Official Receiver and a copy of advert in which the Notice of the report is published. 2 Hours 20, minutes 30 minutes 30 Minutes 30 Minutes 30 Minutes Uganda Registration Services Bureau Client Charter

14 Filing and registration of return of Final Account and a return of the General meeting. 30 Minutes Upon expiration of three months from the date of registration of the return, the company shall be taken to be dissolved. Compulsory Winding Up FEES PAYABLE TO THE OFFICIAL RECEIVER On filing of an order of Public Examination 2 hours 15,000 Where the Official Receiver acts as a liquidator of the company Where the Official Receiver acts as a liquidator of the company and a special Manager is appointed. On filing with the Official Receiver by an Insolvency Practitioner for a certificate of professional indemnity or security. 1,000,000 for every 30 days 2,000,000 for every 30 days 50,000 Note: All Payments are effected in the Bank. INTELLECTUAL PROPERTY REGISTRATION PROCESS IN SUMMARY SERVICE COSTS (UGX & US$) TIMEFRAME LOCAL FOREIGN TRADE File application form, which 50,000/= $150 2 Hours MARKS has provision for a sample of the trademark. Request to the Registrar for 25,000/= $40 1 Day preliminary advice on distinctiveness Search 25,000/= US$ 65 1 Hour Certification Fee 25,000/= US$ 40 1 Hour Application is advertised in the gazette. Fess paid directly to UPPC If there is no opposition after 100,000/= $250 2 Days Uganda Registration Services Bureau Client Charter

15 the 60 days from the date of advertisement, a certificate of registration is issued for the trademark after registration. If there is an opposition to the 100,000/= $250 2 Days registration, a notice of opposition is filed by the party so doing. The party registering the 50,000/= $150 2 Days trademark then files a counterstatement. Registration of an assignment 35,000/= $75 1 Day within 2 months Registration of an assignment 55,000/= $150 1 Day within 4 months Registration of an assignment 100,000/= $250 1 Day within 6 months Change of names 20,000/= $30 1 Day Renewal of trademark registration 100,000/= $250 1 Day PATENTS File patents application form 180,000/= 2 hours Preliminary examinations 3 Days conducted Assessment of fees An international search and 6 Months examination is conducted by ARIPO in Harare. If patent application is 300,000/= approved, pay grant fee After the grant, the applicant advertises the grant in the Uganda Gazette Fees payable to the Uganda Printing and Publishing Corporation Uganda Registration Services Bureau Client Charter

16 COPY- RIGHT Conversion of patent 12,000/= 6 Months application to Utility Model Grant of Utility Model 100,000/= 6 Months Maintenance Fees (paid after grant) 1 st Anniversary 48,000/= Subsequent years (top up of 60,000/= 12,000/= per year on the previous year s amount Publication Paid directly to UPPC Application for Registration 50,000/= 30 Minutes Advertisement in the Uganda Gazette After 60 days from the date of advertisement, a certificate of registration is issued. Payable to UPPC No fees charged 60 days from the date of the advertisemen t 1 day CIVIL REGISTRATION PROCESS IN SUMMARY SERVICE TIME FRAME NATIONAL APPLICATIONS (UGX) FOREIGN APPLICATION S (USD) CIVIL MARRIAGES Fill notice of 10,000/= $10 marriage Assessment of fees* 3 Minutes Free Free Uganda Registration Services Bureau Client Charter

17 LICENSING PLACES OF Verification of payment receipt* Display of notice on notice board Celebration of marriage Issuing of marriage certificate Registration of marriages a) Marriages conducted at URSB b) Marriages conducted at the Districts Review applications for special licenses Forward application for special license to Hon. Minister and Issuance of Special license 2 Minutes Free Free 21 days Free Free (notice is valid for 3 months from the date of publication) 15 Minutes 200,000-= $150 1 Minute 25,000/= $25 2 Minutes 25,000/= $25 15 Minutes 20 Minutes Free Free 1 Working Free Free day 4 Working 300,000/= $200 days Uganda Registration Services Bureau Client Charter

18 WORSHIP TO CELEBRATE MARRIAGES SEARCHES Reviewing applications from clients Giving advice to clients on procedures of the application Inspection of place of worship of the applicant, report and recommendations Payment of license fees (is dependent on client) a) Assessment of fees* b) Verification Forwarding of payment* application to the Minister of Justice & Constitutional Affairs Granting of license to celebrate marriage Searches on the marriage register 5 Minutes Free Free Free Free 2 Days Free Free 3 Minutes 200,000/= N/A 2 Minutes 1 Working Free Free day 4 Working Free Free days 30 Minutes 25,000/= $25 Uganda Registration Services Bureau Client Charter

19 AND CERTIFICATI ONS MARITAL STATUS CHURCH, HINDU AND MUSLIM MARRIAGES and Muslim divorces register Certification of marriage certificates and returns 20 Minutes 35,000/= $25 Issuing letters of 30 Minutes 25,000/= N/A marital status Assessment of fees 5 Minutes Free N/A Verification of payment receipt Compliance Check Approval of return Filing of marriage returns and registration of marriages 2 Minutes Free N/A 5 Minutes 5 Minutes 2 Minutes 35,000/= $35 MUSLIM DIVORCES Acknowledgement Assessment of fees* Verification of payment receipt* Approval of return Filing of marriage returns and registration of marriages Acknowledgment Assessment of fees* Verification of payment receipt* 5 Minutes 5 minutes Free Free 2 minutes Free Free 5 Minutes 35,000/= $35 2 Minutes 5 Minutes 5 minutes Free Free 2 Minutes Free Free *Time for assessment fluctuates and is dependent on the availability of the URA portal *Self-assessment is an available option as well. *The frees for solemnization of civil marriages are under review and await amendment Uganda Registration Services Bureau Client Charter

20 FEEDBACK AND COMPLAINTS MANAGEMENT MECHANISM We value feedback from our clients because it equips us with information on how to improve our services and offer better services to our clients. URSB is committed to offering quality services based on our core values and mission. The tools generated to provide feedback shall include but are not limited to: Suggestion boxes on three floors (4 th, 5 th and 6 th floor) Client Relations Desk Complaints Desk Call center line General line Verbal complaints - Fill in the client complaint procedure form ursb@ursb.go.ug CONTACT: UGANDA REGISTRATION SERVICES BUREAU, P.O.BOX 6848, GEORGIAN HOUSE, PLOT 5, GEORGE STREET KAMPALA Tel: Fax: ursb@ursb.go.ug Website: Find us on Facebook: REGIONAL OFFICES Northern Uganda Regional Office Ministry of Justice and Constitutional Affairs Building, Plot 6B, Princess Road, Gulu Uganda Registration Services Bureau Client Charter

21 Western Uganda Regional Office Ministry of Justice and Constitutional Affairs Building, Plot 1, Kamukuzi Hill, Mbarara West Nile Regional Office Ministry of Justice and Constitutional Affairs, Plot 42/44 Packwach Road Arua Eastern Uganda Regional Office Ministry of Justice and Constitutional Affairs Plot 3, Park Crescent Mbale Kampala Branch offices 1. Plot 35 Kampala Road Posta Uganda Booth 2&3 2. Plot 22B Lumumba Avenue Uganda Investment Authority 2 nd floor Twed Towers 3. Nakivubo Mews Sekaziga House, 1 st Floor Uganda Registration Services Bureau Client Charter

22 Uganda Registration Services Bureau Client Charter