According to Article 3 of the Uniform Act relating to Commercial Companies and Economic Interest Groups in Cameroon, any person, whatever their nationality, wishing to engage in the form of a company shall choose a form of company, which suits the activity, envisaged from among those provided by the Organization for the Harmonization of Business Law in Africa (OHADA) Law.
The regime and activities of a fishing company is regulated by Law No. 94/01 of 20 January 1994 to lay down forestry, wildlife and fisheries regulations in Cameroon.
According to Section 4 of the above law, fishery or fishing, within the context of this law, means the act of capturing or of harvesting any fishery resources or any activity that may lead to the harvesting or capturing of fishery resources, including the proper management and use of the aquatic environment, with a view to protecting the animal species therein by the total or partial control of their life cycle.
What constitutes fishery resources according to Law No. 94/01 of 20 January 1994 to lay down forestry, wildlife and fisheries regulations in Cameroon?
Fishery resources, within the context of this law, means fish, seafood, molluscs and algae from the marine, estuarine and fresh water environments, including sedentary animaIs in such environments.
What kind of fishing operations can a registered fishing company engage in Cameroon?
There are the following types of fishing operations, depending on the means used to obtain fishery resources:
1) Industrial fishing;
2) Semi-industrial fishing;
3) Traditional or small-scale fishing;
4) Sport fishing;
5) Fishing for scientific purposes;
6) Sea farming;
7) Fish farming
What constitutes a fishing vessel in accordance with the 1994 law?
A fishing vessel shal1 be any boat, no matter its size, that is used in activities connected with fisheries.
What is a fishing gear in accordance with the 1994 law?
Fishing gear shall refer to tools, implements or appliances used in fishing operations.
How many kinds of establishment can a fishing company registered in Cameroon operate?
There are two types of establishments a registered fishing company can operate under her umbrella. We have the Fish Processing establishment and the storage and sale establishment.
How many licenses exist for a fishing company registered in Cameroon?
There are three types of fishing licenses;
- The license to catch fish;
- The license to fish for shrimps and other crustaceans;
- The license to fish for tuna, and/or in high sea.
What are the categories of permits a fishing company can apply for in Cameroon?
There are four types of fishing permits to wit:
Permit A – the permit for semi-industrial fishing;
Permit B – the permit for sport fishing;
Permit C – the permit for profit-making small-scale fishjng;
Permit D – the permit for fisheries research.
How many shareholders should a fishing company have upon registration in Cameroon?
A fishing company can have as many shareholders as possible. The shareholders can be physical persons or legal persons. However, the shareholders should not be prohibited by the factors of being a convict, bankruptcy or not legally qualified to own shares in a company.
What should promoters look out for prior to register a fishing company in Cameroon?
The promoters should ensure that they are qualified to be awarded a license to operate by the Ministry of Forestry, wildlife and fisheries in Cameroon.
The promoters should also ensure they are not barred from registering a company under Cameroon law.
Under what type of company can a fishing business be registered in Cameroon?
A fishing business can be registered on two forms of companies. A private limited company and a public limited company. This will be based on the minimum share capital to be contributed by the founders upon incorporation of the company.
What are the contributions to be paid to the capital of a fishing company in Cameroon?
Cash contribution, Service contribution and Contribution in kind.
Can a shareholder of a registered fishing company in Cameroon be a manager?
Yes.
Can a foreign national own 100% shares of a fishing company in Cameroon?
According to section 116 (1) of Law No. 94/01 of 20 January 1994 to lay down forestry, wildlife and fisheries regulations in Cameroon, Any natural person or corporate body wishing to exploit fishery resources at the industrial level shall first of all apply for a license or permit in accordance with the procedure laid down by decree.
What are the mandatory requirements for promoters wishing to register a fishing company in Cameroon?
Promoters wishing to register a fishing company in Cameroon must fulfil the following mandatory requirements;
- Must possess a valid Passport or National Identity Card.
- Must be of age 18 years and above.
- Must not be bankrupt from their country of origin.
- Must provide an authorizing document from the parent company if a subsidiary company to be registered in Cameroon.
- Must not suffer from insanity.
- Must possess good criminal records, which is evidenced by a non-crime certificate.
Can a fishing company in Cameroon be registered but not operate?
Yes. If the company has not been granted the authorization from the Ministry of Forestry, Wildlife and Fisheries.
What is the prove that a fishing company registered in Cameroon is operational?
For a fishing company registered in Cameroon to be fully operational, it must show proof of the following;
- A certificate of Incorporation
- An MO Form registration license
- A tax payer’s registration number
- A notarized lease agreement
- A location plan
- A certificate of non-indebtedness
- An attestation of Bank account creation
- A physical office location
- A matriculation number from the National Social Insurance Fund for the newly registered company in Cameroon
- A matriculation number per staff/worker from the National Social Insurance Fund
- A fishing exploitation permit/authorization.
What information is required to register a fishing company in Cameroon?
To register a fishing company in Cameroon, the corporate attorney is enjoined by law to request some mandatory information from the company promoters/ founders. This information enables the registration the company in Cameroon to be successful irrespective of whether the founders/promoters are in Cameroon or abroad.
In accordance with section 262 of the Uniform Act relating to commercial companies and economic interest groups of the OHADA Law, the following information is required from the company founders;
- Name of company
- Form of company (Public Limited Company or Private Limited Company)
- Objectives of the company
- Copy of shareholder(s) identification documents
- Non-crime certificate
- Company startup capital
- Copy of identification document of company Manager or General Manager etc.
What documents have to be established by the corporate attorney? Legal assistance to register a fishing company in Cameroon.
The corporate attorney is to establish the following documents which will be subject to registration;
- Memorandum and Articles of Association of the company
- Notarized statement of subscription and payment of shares
- Notarized certificate of appointment of company manager
- Declaration of Regularity and Conformity with the OHADA Law
- Notarized list of company shareholder (s) and company manager (s)
- Location sketch of business premises.
Documents delivered upon completion of the registration process
- A certificate of Incorporation
- An MO Form registration license
- A tax payer’s registration number
- A notarized lease agreement
- A location plan
- A certificate of non-indebtedness
What are the administrative bodies involved of the registration process?
- The Court of First Instance
- The Stamp Duty Office
- The Tax Office
- The Company Registration Office
- The Ministry of Forestry, Wildlife and Fisheries.