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The CIPA registry

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Botswana's registry overview

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The CIPA registry

  1. 1. SPACE ALLOCATED FOR THE HEADING Conductor Paul Masena Registrar General – Companies and Intellectual Property Authority INTRODUCTION TO THE CIPA REGISTRY
  2. 2. Ø  The Companies and Intellectual Property Authority (CIPA) is a Parastatal en9ty under the Ministry of Investment, Trade and Industry Ø  Formerly a government department, CIPA was established by the Companies and Intellectual Property Act, CAP 42:13, which was enacted in July 2011 Ø  The Authority took over the mandate of the Office of the Registrar of Companies and Intellectual Property (ROCIP) following full commencement of the Act on 1st November 2014 2 BACKGROUND
  3. 3. Ø  CIPA is governed by the Board of Directors established under Sec9on 7 of the CIPA Act Ø  Members are appointed by the Minister of Investment, Trade and Industry in terms of Sec9on 9 of the Act Ø  Board members are eight (8) in including a Chairperson and Vice Chairperson Ø  All members are non-Execu9ve members appointed on the basis of their skills, knowledge of industry, and resources required to fulfil the du9es of the Board CIPA BOARD OF DIRECTORS
  4. 4. Ø  CIPA is mandated to register businesses and protect intellectual property rights through the administra9on of four (4) pieces of legisla9on, namely; §  The Companies Act (CAP 42:01) §  Registra9on of Business Names Act (CAP 42:05) §  Copyright and Neighbouring Rights Act (CAP 68:02) §  Industrial Property Act (CAP 68:03) 4 CIPA MANDATE
  5. 5. Ø  The ra9onale for establishing CIPA as an autonomous body was to, among others: §  Improve the Authority’s opera9onal efficiency thereby enhancing the ease of doing business in Botswana §  Relieve Government of organisa9ons with the poten9al to sustain themselves §  A_ract and retain skilled manpower Ø  CIPA has a strategic plan 2015 – 2020, which was approved by the Board on 27th April 2015. The strategic plan is currently being implemented 5 RATIONALE FOR ESTABLISHING CIPA
  6. 6. To protect the interests of investors and rights holders by providing efficient and accessible business registration and Intellectual Property services. To be the leading Business Registration and Intellectual Property Authority contributing to making Botswana the No.1 business destination in Africa by 2020 8 What is our desired future? Why do we exist, What services do we offer and for whom? CIPA VISION AND MISSION
  7. 7. CUSTOMER FOCUS INNOVATION INTEGRITY EFFICIENCY 10 CIPA CORE VALUES We continuously seek to understand customers’ needs and focus on satisfying them. We encourage a culture of innovation and creativity at all levels of the organisation. We strive to continuously do the right things by being open, honest, and accountable and by having accurate and up to date information all the time. We promise to always deliver quality service at the speed that will exceed customer expectations.
  8. 8. CIPA ORGANISATIONAL STRUCTURE Figure 1: CIPA organiza?onal structure
  9. 9. CBN staff cons?tutes 20%, that is, 18 out of the Authority's current staff compliment (in post) of 89. 9 COMPANIES AND BUSINESS NAMES (CBN) STAFF COMPLIMENT Awareness & Compliance; 27 Companies & Business Names; 18 Copyright; 7 Industrial Property; 11 Corporate Services; 17 RG's Office; 5 IT; 4 TOTAL HEADCOUNT AS AT APRIL 2018 = 89 Figure 2: CBN staff compliment
  10. 10. •  Processing applica?ons made in terms of the Companies Act and Registra9on of Business Names Act, and maintaining a register of companies and business names in the data base; •  Responsible for the safe custody of all documents lodged with the Companies and Business Names Office; •  Examining and registering all annual returns and other documents lodged with the Companies and Business Names Office; •  Prescribing fees and condi?ons under which customers may consult, inspect, make copies of, or obtain extracts from documents lodged with the Office; and •  Advising the Government on issues of policy and regula9on related to Companies and Business Names SERVICES PROVIDED BY THE CBN DEPARTMENT
  11. 11. Ø  From December 2016 to the 31st March 2018, the number of companies and business names registered with the Authority have been growing exponen9ally Ø  To date, a total of 260, 262 and 209, 893 companies and business names, respec9vely were registered as per figures 3 and 4 below Ø  Of the 260, 262 companies, 124, 390 companies were due to submit annual returns from April 2017 to March 2018. However, only 18, 111 companies submi_ed their returns, represen9ng 15% compliance COMPANIES AND BUSINESS NAMES REGISTRATION
  12. 12. NUMBER OF COMPANIES REGISTERED: Dec 2016 – March 2018 200000 210000 220000 230000 240000 250000 260000 270000 Figure 3: Total Number of Companies Registered
  13. 13. NUMBER OF BUSINESS NAMES REGISTERED: Dec 2016 – March 2018 180000 185000 190000 195000 200000 205000 210000 215000 Dec-16 Jan-17 Feb-17 Mar-17 Apr-17 May-17 Jun-17 Jul-17 Aug-17 Sep-17 Oct-17 Nov-17 Dec-17 Jan-18 Feb-18 Mar-18 Apr-18 May-18 Figure 4: Total Number of Business Names registered
  14. 14. 14 REVENUE GENERATION IN FIGURES 2015/16 2016/17 2017/18 Total Target 35,000,000 40,000,000 46,500,000 121,500,000 Actual 35,803,285 43,119,807 40,685,024 119,608,116 0 20,000,000 40,000,000 60,000,000 80,000,000 100,000,000 120,000,000 140,000,000 Reveneu Generated in Millions of Pula Figure 5: Revenue genera9on for 2015/2016 to 2017/18
  15. 15. Ø  The Authority currently uses the Companies and Business Names Administra9on System (CBNAS) for the processing of companies and business names, which was launched in March 2008 Ø  It is a semi-automated System, which does not have online registra9on capabili9es Ø  The system is Expensive to maintain and allows for a lot of manual processes, affec9ng the Authority’s data integrity CURRENT SYSTEM AND PROCESS CHALLENGES
  16. 16. Ø  There is limited access to the Authority’s services, as its offices are only found in four (4) service centres, namely; Gaborone, Francistown, Serowe and Maun Ø  There is low compliance to annual returns Ø  There are very long queues leading to dissa9sfied customers CURRENT SYSTEM AND PROCESS CHALLENGES
  17. 17. Fundamental changes are needed on how the registry processes are conducted in order to cope with the transi9on to an online registry, which is meant to: Ø  Reduce opera9ng costs; Ø  Improve client sa9sfac9on; Ø  Reduce reliance on manual (paper) records; Ø  Increase transparency and Integrity of the registry; and Ø  Improve efficiencies TRANSITIONING TO AN ONLINE REGISTRY
  18. 18. Ø  A partnership Agreement between the Government of Botswana and the New Zealand Government for the implementa9on of the online companies and business names registra9on system was signed on 14th July 2016 Ø  Legal reforms to pave way for the online business registra9on system (OBRS) were passed by Parliament in April 2018 Ø  Technical Assistance for the project is provided by New Zealand Companies Office, while Foster Moore caters for the Sojware aspect of the project NEW DEVELOPMENTS: ONLINE BUSINESS REGISTRATION SYSTEM
  19. 19. •  The legal reforms will usher in the following ini9a9ves: Ø  Allowance for online applica9ons to be received and processed by the office; Ø  Consolida9on of Name Reserva9on and registra9on into one process; Ø  Improvement of compliance through the removal of companies from the register without giving no9ce in case of non-compliance; Ø  Companies to give no9ce of the number of shares held by each shareholder without sta9ng value of shares; and Ø  Public no9ces to be done in all media (currently restricted to Government Gaze_e) NEW DEVELOPMENTS BROUGHT BY THE LEGAL REFORMS
  20. 20. •  All companies and business names to re-register within a 24 months period following the launch of the OBRS •  The objec9ve is to enable the migra9on of accurate and reliable data to the new system •  All Companies will be exempted from paying accumulated outstanding annual return fees during the re-registra9on period NEW DEVELOPMENTS BROUGHT BY THE LEGAL REFORMS (CONT’D)
  21. 21. •  Increased and improved access to CIPA services by both local and foreign customers due to online registry •  Companies and Business Names registra9on will be processed in hours instead of days •  There will be reduc9on in manual processes (less paperwork). •  Issuance of electronic cer9ficates •  Improved and free of charge company Search •  Improved compliance to Annual returns by the system prompted e-reminders •  Fully online system, including payments through debit cards, credit cards and Mobile Financial Services (e.g., orange money) EXPECTED BENEFITS OF THE ONLINE REGISTARTION SYSTEM
  22. 22. •  The principal idea behind the UIN concept is to have a unique and uniform number format that would iden9fy a company from everywhere it has a point of contact •  CIPA has been iden9fied as the primary point of contact •  The three agencies that have been ini9ally iden9fied to adapt and adopt their numbers to that of the UIN are CIPA, BURS and PPADB •  The UIN will be rolled out to other ins9tu9ons and agencies such as banks, Government procuring and licensing en99es, u9lity service corpora9ons and other key stakeholders UNIQUE IDENTIFICATION NUMBER (UIN)
  23. 23. Ø  Improvement in the World Bank Doing Business Rankings by Botswana; and Ø  Facilita?ve Business Environment and Ease of Doing Business, leading to a COMPETITIVE ECONOMY EXPECTED BENEFITS: OBRS AND UIN
  24. 24. § NDBC AND STARTING-A-BUSINESS SUBCOMMITTEE § ALL GOVERNMENT AGENCIES Ø  NATIONAL STRATEGY OFFICE (NSO) Ø  CIVIL AND NATIONAL REGISTRATION (OMANG OFFICE) Ø  NATIONAL ARCHIVES Ø  ATTORNEY GENERAL’S CHAMBERS Ø  GOVERNMENT MODERNISATION OFFICE Ø  LOCAL AUTHORITIES CRITICAL STAKEHOLDERS
  25. 25. THANK YOU END OF PRESENTATION

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