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Investment & Legal Framework
ties and/or individuals cannot operate in the import-
export arena except on their own products. Other-
wise, foreign and national entities enjoy similar rights
including the registration procedures, and the pre-
scribed fees in such cases are also the same.
All companies in Sudan are incorporated and/or
registered under the Companies Act of 1925 and re-
ferred to as “Limited Liability Company” Companies
in Sudan are either Public or Private Companies.
Public Company
A public company incorporates at least seven share-
holders or more, and it never commences work prior
to issuance of the certificate of the Registrar Gen-
eral for Commerce, which authorizes and initiates
operations. However, this certificate is never issued
before payment of the minimum sum of the capital.
The company’s articles of incorporation and statute
(if available) shall be signed by the founders or their
representatives, then submitted to the Registrar
General for Commerce where a small sum of money
is paid licensing fees.
Private Companies
A private company should consist of a minimum of
two shareholders and the number of its sharehold-
ers may never exceed 50 partners (minimum of 2,
maximum of 50). Subscription of a private compa-
ny’s shares and stocks shall be limited to its share-
holders then submitted to the Register General for
Commerce; hence, a license shall be issued against
payment of a small sum of money as licensing fees.
No concessions of the shareholders’ shares- which
are considered as their quotas - may be made with-
out the shareholders’ prior consent or the step thus
taken is backed by the stipulation of the company’s
articles of incorporation or statute (if available). The
private company does not require any initiation cer-
tificate in order to commerce its activities as in the
case of the public company, but it may start work
right after issuance of its incorporation certificate.
Foreign Companies
Foreign companies intending to conduct any kind
of business or businesses in Sudan must register
branches of their own in Sudan. Should the work as-
signed to the company be very specific and takes
only a short period of time, the license issued thereof
shall be a temporary one. For example, a company
with a contract to build roads or assemble a facto-
ries shall be issued a license limited with the time
allowed for the particular job. In such case, the reg-
istration form should be supported by the following
documents prior to submitting the application to the
Registrar General for Commerce:
- A certified copy of the company’s decree of initiation
and articles of incorporation and statue (if available)
issued in country of base. Should the documents be
issued in a language other than Arabic, a certified
translation into Arabic shall also be requested.
- A List with the names of the members of the Board
of Directors. The name and address of one author-
ized representative of the company (or more than
one) residing in Sudan to whom notices and other le-
gal documents, which the authorities in Sudan want
the company be informed about, shall be addressed.
- A copy of the legal deputation which empowers one
of the representatives -usually residing in Sudan- to
conduct the company’s business and act on behalf
of the company in Sudan.
Public Concession Companies
There are companies incorporated in accordance
with the articles of the Act of Companies, but have
been granted specific concessions by ministerial
decree: The concession thus granted is renewable
in adherence to the conditions stipulated in the de-
cree. However, only joint-stock companies conduct-
ing activities which the country is in need of in its
development plan, shall be granted such specific
concessions
Partnership
A partnership incorporates by two or more partners
with the intention of conducting any commercial en-
terprises, and share the generated profit amongst
themselves. To officially register a partnership, an
authenticated statement signed by all the associ-
ates in the particular partnership shall be submitted
to the Registrar for Companies. The statement shall
specify the following: name of the company and na-
ture of business nature of the business it shall con-
duct; names and addresses of the associates and
the sums of money paid by each etc. Partnerships
are regulated under the Registration of Partnerships
Act of 1926.
Business Name
The name given to or the way any sort of enter-
prise is conducted whether it is a partnership or not.
The business’ name shall be registered in accord-
ance with the Business Names Act of 1931 at the
Commercial Registrar General. The latter shall be
handed a statement of the prescribed form with the
following data:
• Name of the business.
• The general nature of the business.
• The head office.
• All other places where business might be conducted.