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Handout 5- B.eng. Ent Legal and Bus Dev. Serv
Handout 5- B.eng. Ent Legal and Bus Dev. Serv
Handout 5- B.eng. Ent Legal and Bus Dev. Serv
Lecturer: CPA Dr. Amos J. Nsanganzelu (ACPA 2471, FCILT) and Ms. Enna Z. Mafie (M. Ent.
Devpt),
Legal Services
Legal services are those services carried out in legal and regulatory processes required for setting up and
operating a formal business in the country. Such services are provided by public organizations which have
been given the authority by the Government to perform them. These services include:
Company Registration
This process must be preceded by formation of a business entity in a form a sole proprietorship, partnership or
limited liability company. If the business form is sole proprietorship or partnership it must be registered under
the Business Names Registration Act. All businesses operating in this country must register with the Business
Registration and Licensing Agency (BRELA), which is under the Ministry of Industries and Trade. The
following documents are required in the process of forming a company:
Topic 5-Legal and Business Development Services Page 1
Name of the company (which must be cleared by the Registrar of Companies).
The address of the registered office in Tanzania
Names, residential addresses and nationalities of the first subscribers and directors (at least two).
Memorandum of Association (stating in details the objects of the company) and Articles of Association
(stating in detail the management structure and processes). At least two copies of each document must be
filed;
Filing a prescribed form to make a declaration that a company has complied with the requirements of the
Tanzanian company law; and
Payment of the filing fee, registration fee and the stamp duty.
Investment Approval
In making application for investment incentives from Tanzania Investment Center, the following documents
are required:
Three (3) copies of the project’s Business Plan/Feasibility Study. The intended project should aim at foreign
exchange generation and savings, import substitution, creation of employment opportunities, linkage benefits,
transfer of technology, expansion of production of goods and services etc.
The feasibility study should contain (i) clear statement of the project objective, (ii) information regarding the
investor (iii) details of investment costs (foreign and local expected capital expenditure) (iv) how the proposed
investment will be financed, specific sources(s) of finance for the project, terms and conditions of the loan if
applicable, (v) sources of technology if applicable (vi) project financial and economic analysis (vii) market
study, (viii) project capacity, production process if applicable, (ix) environmental impact assessment (x)
expected employment generation,(xi) proposed implementation schedule, etc
Three (3) duly filled copies of application forms which are issued by the Tanzania Investment Center at a fee
of US$ 100;
In case of expansion/rehabilitation, a copy of audited account for the past three years;
A copy of the company’s Memorandum and Articles of Association;
A certified copy of the Certificate of company Incorporation;
A brief profile of investors(s);
Evidence of sufficient finance capital available to implement the project;
Functions:
To assess, collect and account for Government Revenue;
To administer effectively and efficiently all the revenue laws of the Central Government.
To promote voluntary tax compliance.
To improve the quality of services to the taxpayers;
To counteract fraud and other forms of tax evasion;
To produce trade statistics and publications.
EWURA is an autonomous multi-sector regulatory authority responsible for technical and economic
regulation of the electricity, petroleum, natural gas and water sectors in Tanzania.
Functions:
To provide licensing, tariff review and monitor performance & standards with regards to quality, safety, health
and environment.
To promote effective competition and economic efficiency as well as protecting the interests of consumers.
To protect the interests of consumers.
To protect the financial viability of efficient suppliers
To promoting the availability of regulated services to all consumers including low income, rural and
disadvantaged consumers;
To protect and preserve the environment.
To enhance public knowledge, awareness and understanding of the regulated sectors.
Functions:
To promote effective competition and economic efficiency
To promote the interest of the consumers and protect the financial viability of efficient suppliers.
To protect the availability of regulated services to all consumers including low income rural and
disadvantaged consumers.
To enhance public knowledge/ awareness and understanding of the regulated sectors.
To regulate safety and security in the transport sector.
To facilitate the resolutions of complaints and disputes
To disseminate information about relevant to the functions of the authority.
BRELA is a Government Executive Agency responsible for business registration and licensing in the country.
Functions:
To administer companies and business names laws.
To regulate business by administering business and industrial licensing laws.
To administer intellectual property laws.
To encourage and facilitate local and foreign business investment.
To stimulate scientific and technological inventiveness and innovation and encourage technology transfer.
To protect the development of creativity in artistic, literary works, and expression of folklore by protecting
such work.
Functions:
To evaluate and register drugs, prepackaged food, cosmetics, herbal drugs, medical devices and food
supplements before their approval for distribution and marketing in the country.
To ensure that all dealings in food, drugs, herbal drugs, cosmetics and medical devices are done after
obtaining relevant licenses and permits.
To inspect manufacturers, wholesalers and retailers and clinical trials sites at port of entry to ensure that
standard requirements for food, drugs, herbal drugs, cosmetics and medical devices are complied to.
To control importation and exportation of food, drugs, herbal drugs, cosmetics and medical devices in order to
ensure their safety, quality and effectiveness by giving details and procedures to be followed when goods are
imported and exported.
To monitor continually safety of food, drugs, herbal drugs, cosmetics and medical devices available in the
Tanzania market.
To carry out laboratory analysis for quality, safety and effectiveness to determine the quality, safety and
effectiveness of food, drugs, herbal drugs, cosmetics and medical devices manufactured or imported into the
country.
To control and organize promotion of food, drugs, herbal drugs, cosmetics and medical devices in the country.
To educate and inform stakeholders on all issues related to institution’s functions such as control of the
quality, safety and rational use of drugs, food, herbal drugs, cosmetics and medical devices.
Functions:
To promote effective competition and economic efficiency;
To protect the interests of consumers;
To promote the availability of regulated services
To provide licensing and enforce license conditions of broadcasting, postal and telecommunications operators;
To establish standards for regulated goods and services;
To regulate rates and charges (tariffs);
To manage the radio frequency spectrum;
To monitor the performance of the regulated sectors; and
To monitor the implementation of ICT applications.
Functions:
To enforce and ensure compliance of the national environmental quality standards.
To review of Environmental Impact Statements (EIS) and conduct environmental monitoring and auditing of
projects and facilities.
To undertake and co-ordinate research, investigation and surveys in the field of environment and collect, and
disseminate information.
To carry-out research and surveys for the proper management and conservation of environment.
To render advise and technical support to entities engaged in natural resources and environmental
management.
To initiate and evolve procedures and safeguards for the prevention of accidents which may cause
environmental degradation.
To enhance environmental education and public awareness; and establish and operate national information
system for sound environmental management.
To publish and disseminate manuals, codes and guidelines relating to environmental management and
prevention or abatement of environmental degradation.
To issue restoration and recommend for easements orders, and save prohibition notice.
The Labour Court is responsible for hearing and determining employment disputes which occur between
employers and employees.
Labour Department
This is a department in the Ministry of Labour and Youth Welfare responsible for coordinating and overseeing
labour laws and regulations. Business owners must have a good knowledge of these laws and regulations
because they have to be observed by all employers and employees in both public and private organizations.
Hence insurance is a form of risk management primarily used to give protection against an uncertain loss
which is important for any business undertaking. Therefore businesses must be insured in order to avoid
losses which might cost the life of the business itself or its employees.
Indemnity – the insurance company indemnifies, or compensates, the insured in the case of certain losses only
up to the insured's interest.
Insurable interest – the insured typically must directly suffer from the loss. Insurable interest must exist
whether property insurance or insurance on a person is involved. The concept requires that the insured have a
"stake" in the loss or damage to the life or property insured. What that "stake" is will be determined by the
kind of insurance involved and the nature of the property ownership or relationship between the persons.
Utmost good faith – the insured and the insurer are bound by a good faith bond of honesty and fairness.
Material facts must be disclosed.
Contribution – insurers which have similar obligations to the insured contribute in the indemnification,
according to some method.
Subrogation – the insurance company acquires legal rights to pursue recoveries on behalf of the insured; for
example, the insurer may sue those liable for insured's loss.
Proximate cause – the cause of loss (the peril) must be covered under the insuring agreement of the policy,
and the dominant cause must not be excluded.
Mitigation - In case of any loss or casualty, the asset owner must attempt to keep the loss to a minimum, as if
the asset was not insured.
Marine insurance and marine cargo insurance cover the loss or damage of vessels at sea or on inland
waterways, and of cargo in transit, regardless of the method of transit.
Public liability insurance covers a business or organization against claims should its operations injure a
member of the public or damage their property in some way.
Mortgage insurance insures the lender against default by the borrower. Mortgage insurance is a form of credit
insurance.
Travel insurance is an insurance cover taken by those who travel abroad, which covers certain losses such as
medical expenses, loss of personal belongings, travel delay, and personal liabilities.
Automobile insurance: Commercial automobile policies cover the cars, vans, trucks and trailers used in
business. The coverage will reimburse the business owner if vehicles are damaged or stolen or if the driver
injures a person or property.
Property insurance insures against loss or damage to the location of the business and its contents. It can also
insure the property of others in your control when the loss occurs.
Liability insurance insures against liability legally imposed upon business because of the negligence of the
business or its employees. Put another way, it protects business when the business is sued for negligence.
Workers' compensation is a system where the employee is not allowed, by statute, to sue their employer for
on-the-job injuries; but, in return, the employer must participate in a system that provides nearly automatic
payment to the employee in case of injury for medical bills and damages.
Health insurance: This insurance offers a health coverage benefit to the business owner and employees.
Marketing Services
The provision of marketing services is important for business development . Types of services provided are
market access, market linkages, market information, packaging, advertising, market research, trade fairs etc.
Examples of marketing service providers in this country are Finance and Enterprise Development Agency
(FEDA), Private Sector Initiatives (PSI), FAIDA-Rural Economic Activities (REA), The Board of External
Technology development and transfer is carried out in form of developing tools and machinery, facilitating
access to machinery and tools in a hire-purchase scheme, offering usage of machinery in common facility
workshops to entrepreneurs and technical training. Other services include research and development of
machinery and equipment, adapting designs of agricultural machinery and equipment to suit local conditions
and conducting short training courses in fabrication, use and maintenance of agricultural machinery and
equipment, quality assurance of industrial products, product & systems certification and issuing a ‘Mark of
Quality’. In addition, the services include providing testing services in legal metrology, technology transfer to
incubators and industrial clusters, training in production processes in business incubators and monitoring the
performance of small industries in business incubators and industrial clusters. Organizations which offer these
services are Tanzania Industrial Research and Development Organization (TIRDO), Technology Development
and Transfer Center (TDTC) of the University of Dar es Salaam, Small Industries Development Organization
(SIDO) Kilimanjaro Industrial Development Center (KIDC), Center for Agriculture and Rural Mechanization
and Technology (CARMATEC), Tanzania Bureau of Standards (TBS).
The most common advisory and consultancy services to small enterprises are preparation of business plans,
and loan proposals and improvement of management practices and technical assistance, technology, packaging
Technical Training
Various types of technical training in food processing and the production of mechanical, chemical and other
products are provided by a wide range of service providers all over the country. Examples of providers are
Vocational Education and Training Authority (VETA) Centers, SIDO, TIRDO, CARMATEC and some
religious organizations.
Business Premises
This type of BDS includes provision of infrastructure for business operations, storage and space for trade fair.
The infrastructural elements include work spaces in the industrial estates and industrial sheds, business
incubators, industrial clusters, storage and warehousing facilities, export processing zones (EPZ). These
services are provided by the University of Dar es Salaam, College of Engineering and Technology (CoET) &
University of Dares Salaam Entrepreneurship Centre (UDEC), Small Industries Development Organization
(SIDO) and private organizations. The government has plans to establish 'Industrial Parks' in form of export
processing zones (EPZ) in thirteen (13) regions in the country which will have facilities to house many
industrial units.
These services include training in form of seminars, workshops, short and long term courses to impart
business and entrepreneurship concepts and skills. Some of the service providers including colleges and
institutions such as Universities (University of Dar es Salaam, College of Engineering and Technology
(CoET) & University of Dares Salaam Entrepreneurship Centre (UDEC)) and business colleges, all
vocational education and technical colleges/institutes, Small Industries Development Organization (SIDO),
Tanzania Gatsby Trust (TGT), International Labour Organization (ILO), NGOs (local and foreign).
These are funding services provided in form of grants and loans for business development. Such services are
provided by the both public and private financial organizations and institutions. For example the government
has set special funds including Women Development Fund (WDF) and Youth Development Fund (WDF),
SELF for funding various categories of entrepreneurs. There is a large number of commercial banks and other
microfinance institutions which offer special (financial) products for SMEs for the development of small
industries. Examples are National Micro-Finance Bank (NMB), Akiba Commercial Bank and the Cooperative
and Rural Development Bank (CRDB). Others include SIDO, Tanzania Gatsby Trust (TGT) and Microfinance
Institutions (MFIs) such as PRIDE, YETU Microfinance Bank etc.