World Watch/Namibia/Starting a Business

Starting a Business · Namibia

Starting a business in Namibia: foreigner's guide (2026)

ModerateCompanies Act 28 of 2004 (administered by BIPA — Business and Intellectual Property Authority); Foreign Investment Act of 1993 (still operative governing FDI); Namibia Investment Promotion Act 9 of 2016 (gazetted but withdrawn for revision in 2021, not yet in force)Country index 61 · C+

Namibia shaded by its starting a business status

Namibia is generally open to foreign business formation with no statutory minimum capital and 100% foreign ownership permitted in most sectors. Registration is managed through BIPA via a multi-step process requiring notarised documents, name reservation, and subsequent tax registration with NamRA, with a realistic total timeline of 10–20 working days. Sector-specific ownership restrictions apply in retail, land, and natural resources, and the regulatory framework is in transition with the 2016 Investment Promotion Act not yet implemented.

Key points

Registration Authority & Steps

Companies are registered with BIPA under Companies Act 28 of 2004. The process comprises: (1) name reservation via Form CM5 (~3 working days); (2) preparation of Memorandum and Articles of Association certified by a Notary Public, plus Forms CM22 (registered office) and CM29 (directors/officers); (3) submission to BIPA with scaled fees; (4) post-approval tax registration with NamRA.

Foreign Company (Branch) Registration

A foreign company wishing to operate a branch in Namibia must register as an 'external company' with BIPA using Form CM49, accompanied by two notarised copies of the home-country Memorandum and Articles of Association. The Notary Public certification requirement adds cost and time relative to a locally incorporated entity.

Foreign Ownership Limits

There is no general cap on foreign equity in most sectors; 100% foreign ownership is permissible. Sector restrictions apply: retail businesses serving local consumers are reportedly capped at 49% foreign ownership; agricultural land ownership is reserved for Namibian citizens (foreign investors may lease); mining licences carry conditions requiring Namibian equity and management representation.

Minimum Capital & Fees

There is no statutory minimum share capital requirement for private companies. BIPA registration fees are scaled to the declared share capital value; name reservation costs a nominal fixed fee. No transfer or stamp duty applies when a foreign branch is locally incorporated.

Beneficial Ownership Disclosure

Since August 2023, all new company registration applications must include a completed beneficial ownership form under the Companies Amendment Act. External (foreign) companies are currently distinguished from locally incorporated companies and appear subject to different beneficial ownership obligations pending clarification.

Investment Law Framework & NIPDB

The Foreign Investment Act of 1993 remains the operative FDI law. The Namibia Investment Promotion Act 9 of 2016 (NIPA), which would have introduced mandatory ministerial approval for strategic-sector investments, was withdrawn for revision in November 2021 following private-sector objections. The Namibia Investment Promotion and Development Board (NIPDB), established in 2020 under the Office of the President, now facilitates investor entry and reduces bureaucratic friction under the existing FIA framework.

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Last verified 5/24/2026 · Orientation, not legal advice - verify against the primary sources linked above. Explore the full world map →