Legalline Law Chambers

HOW TO REGISTER A COMPANY IN SOUTH SUDAN

SETTING UP A COMPANY IN SOUTH SUDAN

A business formation in South Sudan ordinarily commences with the registration of a company. A company can be referred to as a corporate entity, which upon incorporation becomes a separate legal entity with perpetual succession and the capacity to sue and be sued. The cradle of a company is on its incorporation and this entails registration with the Ministry of Justice department of Bussiness registry. The law governing how to register a company in South Sudan is the Companies Act, 2012.

A company may be incorporated as a company limited by shares, a company limited by guarantee, and an unlimited company.  Any of these types of companies may either be private or public company. This article will mainly focus on the requirements for incorporation of a private company in South Sudan either by indigenous citizens or foreigners who have the intention of carrying on business in South Sudan.

The first step towards setting up a company in South Sudan is to check for the availability of the proposed name of the new company for registration with the Bussines Registry in the Ministry of Justice and to reserve it. Upon approval of the proposed name, the memorandum and articles of association as well as other incorporation documents will be prepared, stamped, and submitted at the MOJ for registration, after which MOJ will issue a Certificate of Incorporation.

The following documents are required for incorporation at the Ministry of Justice Department of Business registry.
Signed and Stamped Copies of the Memorandum and Articles of Association
which contains the following information:
Address of registered office of the company
Authorized Share Capital of the company
Particulars of First Directors and their Consent,
Photocopy of the information page of the passport or the national identity card of each director and shareholder.
Original resolutions of the Board of Directors of the companies incorporating the company (where a company subscribes to the Memorandum and Articles of Association)- Where the shareholder is a corporate entity, the original Resolution of the company shall be required. Such Resolution shall include clauses expressly authorizing the company to subscribe to shares in the new company; and appointing a new named person to execute all documents relating to the incorporation of the company. The contents of the Resolution shall include an appointment of a named person to execute all documents relating to the incorporation of the Company.

In Conclusion, it is noteworthy to state that a single individual cannot set up a company in South Sudan. Every company must be composed of a minimum of 2 members (shareholders) and directors. And pursuant to the provisions of the Companies Act,2012.

We provide labour law services on a retainer basis, which include:

➡️ Disciplinary Actions
➡️ Employment Contracts
➡️ HR Policies and Procedures
➡️ Unfair Dismissals & Retrenchment

For more information on our services and how we can assist your company please visit our office at Chan House 2 floor, Atla-Bara C, opposite University of Juba, or give us a call to set up an appointment.

LAND TITLES IN JUBA-SOUTH SUDAN

The first important thing to note is that every land is owned by the state government, this is in accordance with the Land Act, 2009. The government leases any land purchased for a period of 99 years after which such title can be renewed by the owner. A land can either be free or under government acquisition. A land free from government encumbrances makes it easy to obtain a certificate of occupancy or any type of good land title.

It is important for anyone seeking to purchase real estate to search the title of such property at the appropriate land registry. Each state maintains a land registry where a title to property can be searched. The land title in Juba-Central Equatoria can be searched through Central Equatoria State Ministry of Housing, Juba. A diligent search for the land title can also involve a search at a court registry where the title to land involves court judgement or probate registry in case of property of a deceased person.

TYPES OF LAND TITLES IN SOUTH SUDAN 
 

Land Lease 
Land Lease is an authorized document of grant issued by the State Government, to an individual, groups of individuals or an entity, to confer ownership and right of occupancy in a definite land for all purposes for a term not exceeding 99 years subject to renewal. Land Lease is a document issued only once, to the first person to own and purchase such land as virgin land. Therefore, this document prevents multiple owners from claiming ownership of that piece of land. The Land Lease is usually issued for all governments’ land allocations and properties.
 

Court Judgement
This simply implies that the individual went into a court battle with the government to another party over an expanse of land and came out victorious. Such person can then proceed to process the appropriate land documentation to grant him exclusive rights to such land.

Probate & Letter of Administration
Where a person who is owning any piece of land has died, the personal representatives of such person before exercising control or ownership over the property must obtain a Grant of Probate in case the deceased left a Will or Grant of Letter of Administration in case the deceased died intestate. The Probate and the Letter of Administration are the only valid titles to any property left behind by the deceased person. Both documents can be obtained via High Court.

Documents Required at the Stage of Acquiring a Land
Purchase Receipt- This must clearly state the name(s) of the purchaser and must include their signature. The names of the buyers have to be boldly written for the documents and receipts to be valid.
Contract of sale: the contract of sale is the legal document that must give a full description of what is being purchased and a description of payments to be made in the present and the future.
Survey Plan- Here, the land is mapped out accordingly to show the type of title such land already has. it also shows if the land is still under government acquisition.
 

Finally, it is sacrosanct for every intending purchaser of land or landed properties to ensure an investigation is conducted as to the title, accessibility, and usage of the land to be purchased. Apart from having a good title, a landed property may be encumbered for other reasons, which include existing mortgage or pledge of the property, criminal forfeiture among others.

The Importance of Legal Representation

Legal representation is essential in certain aspects of life, especially when faced with a dilemma or when you are about to make personal or professional decisions. Lawyers come in handy when an individual seeks expertise in matters of law for criminal, corporate, personal, and civil matters.

Regardless of your location in the world, every country is governed by a specific set of laws and statutes. While most citizens are generally informed of local, regional, and federal laws, understanding the intricacies, specific details, and processes involved can prove difficult without the assistance of a professional lawyer.

Legal Representation in Court is Worth the Investment

Whether you are headed to court for personal or business matters, professional legal counsel can be the difference between winning or losing your case. Some may argue they prefer to save money by serving as their own counsel. However, without proper legal counsel in court, you will end up compromising your rights, interests, reputation, and finances.

The Function of Legal Representation

There are many areas in life where retaining legal counsel can prove to be extremely beneficial. Not all legal concerns and processes result in lawsuits and cases in a courtroom. Lawyers also draft contracts, agreements, wills, and other legal documents to protect their clients’ best interests. In fact, drafting financial contracts is a common business practice that requires a qualified lawyer. From small businesses to large corporations, companies rely on their lawyers for legal counsel.

Similarly, some family matters, including marriage, divorce, adoption, wills and estate planning, child custody, and support all benefit from the guidance of legal representation. A family lawyer specializes in solving personal financial issues and disputes, ensuring their clients’ best interests are protected. Corporate lawyers help their clients navigate the intricacies of Trademark and Intellectual Property Law to ensure their assets are protected. On the other hand, criminal lawyers specialize in defending or prosecuting individuals, groups, or organizations in a criminal case.

A lawyer is trained to argue the facts of a case with a judge and convince the judge about the validity of a plea. Without a reputable and experienced lawyer, a defendant may fail to receive a plea deal.

Leverage a Lawyers Experience to Your Advantage

Hiring the right legal team to represent your interests allows you to leverage all of their experience, education, and expertise to your advantage.

A seasoned lawyer has a full understanding of the law and its processes. More importantly, they understand how to navigate local legal nuances to benefit your case. They know which legal documents to file, how to complete forms properly, the statute of limitations, and legal technicalities. Furthermore, you can retain a lawyer who has experience handling cases similar to yours.

Do You Require Legal Representation?

Legalline Law Chambers has experience working with defense lawyers, judges, and the legal system. They have a vast understanding of how to approach each case as it pertains to the law and the specific needs of their client. Retaining a lawyer proves extremely beneficial during times of legal need. Additionally, retaining a legal team for when you might need them in the future will provide the peace of mind of knowing your interests are always protected (should the need arise).

When in doubt, always retain legal assistance from the professionals who specialize in the area of law you require help with. For example, you will not require a contract lawyer for family court matters. At Legalline  Law Firm, our team of lawyers has a wide range of capabilities in both contentious and non-contentious fields, possessing an astute command of local and regional laws.

Our team of professional lawyers leverages our industry knowledge and expertise to help individuals and organizations protect their interests. Our team of lawyers is well-versed in various aspects of local and international laws and will work tirelessly to ensure your personal and professional interests are protected. For more information, contact a member of our legal team.

Work permits in South Sudan are only issued within the South Sudanese territory upon the arrival of a foreigner in South Sudan. Essentially, the major method for the acquisition of a South Sudanese Work Permit is employment by a South Sudanese Company.

LEGAL COMPLIANCE FOR TECH START-UPS IN SOUTH SUDAN.

The South Sudanese Tech Ecosystem remains a leading tech hub in South Sudan. The Fintech sector accounts for almost half of South Sudanese startup employment. It is important to note that Fintech, E-commerce, Mobility and Logistics, and E-health spaces generally account for a high percentage of tech start-ups.

A start-up must consider issues such as its corporate structure, funding, partnership agreements, shareholder agreements, and employment agreements prior to its incorporation. The choice of structure affects its compliance requirements because the compliance for each business structure differs.