Distingush betweenThe procedures for formation of a public company in Tanzania are governed

by the Companies Act, 2002 (as amended) and the Companies Regulations, 2018. The
following are the key steps involved in the formation of a public company in Tanzania:

1. Reservation of Name: The first step is to reserve the proposed name of the company with the
Registrar of Companies. The name reservation application must be made on Form 13 and must
be accompanied by the prescribed fee.

2. Preparation of Memorandum and Articles of Association: The next step is to prepare the
memorandum and articles of association of the company. The memorandum of association sets
out the objects for which the company is formed, while the articles of association contain the
rules and regulations for the management of the company.

3. Filing of Documents with the Registrar of Companies: Once the name of the company has
been reserved and the memorandum and articles of association have been prepared, the next
step is to file the following documents with the Registrar of Companies:

- Form 14 (Notice of Situation of Registered Office)

- Form 15 (Particulars of Directors, Secretary and Manager)
- Form 16 (Declaration of Compliance)
- Memorandum and Articles of Association

These documents must be filed within 28 days of the date of name reservation. The prescribed
fees must also be paid at the time of filing.

4. Payment of Stamp Duty: The company must pay stamp duty on the memorandum and
articles of association. The amount of stamp duty payable depends on the authorized share
capital of the company.

5. Issuance of Certificate of Incorporation: Upon receipt of the above documents and payment
of the prescribed fees, the Registrar of Companies will issue a certificate of incorporation. This
certificate is conclusive evidence that the company is duly registered under the Companies Act,
2002.

6. Compliance with Post-Incorporation Requirements: After incorporation, the company must

comply with various post-incorporation requirements, such as the appointment of auditors,
holding of annual general meetings, maintenance of statutory registers and filing of annual
returns.

Some of the relevant authorities for the formation of a public company in Tanzania include the
Registrar of Companies, the Business Registration and Licensing Agency (BRELA), the
Tanzania Revenue Authority (TRA), and the Ministry of Industry and Trade.
Section 9 of the Companies Act, 2002 provides for the requirements for the formation of a
company, while Section 10 sets out the requirements for the memorandum and articles of
association.

In conclusion, the formation of a public company in Tanzania involves several steps that must
be followed in accordance with the Companies Act, 2002 and the Companies Regulations,
2018. It is advisable to seek professional advice to ensure compliance with all legal
requirements.
representation and warrant.