Legal Document

Kingdom of Cambodia

Nation Religion King

Ministry of Commerce

No. 300 MOC

Phnom Penh, 29 December 2015

Prakas

on

Re-Registration of Business in Automation System

 

Senior Minister

Minister of Commerce

 

• Having seen the Constitution of the Kingdom of Cambodia
• Having seen Royal Decree No. NS/RKT/0913/903 dated 24 September 2013 on Appointment of the Royal Government of Cambodia
• Having seen Royal Code No. NS/RKM/019/16 dated 24 January 1996 promulgating the Law on Establishment of Ministry of Commerce
• Having seen Royal Code No. NS/RKM/065/04 dated 26 June 1995 promulgating the Law on Commercial Rules and Commercial Registration
• Having seen Royal Code NS/RKM/1199/12 dated 18 November 1999 promulgating the Law on Amendment to the Law on Commercial Rules and Commercial Registration
• Having seen Royal Code No. NS/RKM/0605/19 dated 19 June 2005 promulgating the Law on Commercial Enterprise
• Having seen Sub-decree 131 OrNKr BK dated 19 March 2014 on Organization and Functioning of Ministry of Commerce
• Having seen Prakas No. 191 MOC dated 11 July 2014 on Organization and Functioning of Department of Commercial Registration
• According to the necessity in reforming the task of commercial registration of the Ministry of Commerce to facilitate the private sector and for the purpose of facilitation to reduce formalities
• Having seen Prakas 299 MOC dated 29 December 2015 on Registration in Commercial Register

 

Decide

Article 1

All the companies, enterprises, branches, representative offices, joint venture and agencies that had been registered before 04 January 2016 shall be required to come to re-register in the automation system of the Ministry of Commerce on the website: www.businessregistration.moc.gov.kh so that the change and use of data, filling out of formality of other notification letters as well as documents that need to be sent to or sent out from the Ministry of Commerce can be made via electronic system.

 

Article 2

The company governor or enterprise owner shall fill out information and enter all the documents into the automation system for business registration in accordance with the requirement. The company governor or enterprise owner that has been re-registered will received a business registration number and a new certificate that is provided via automation system without validity limit.

Article 3

The re-registration as stated in Article 1 shall be made from 04 January to 31 March 2016 without having to pay service fee.

 

If the company governor and all enterprise owners have not re-registered from 04 January to 31 March 2016, they shall reserve the name in the automation system in order to avoid the loss of the name that was registered before 04 January 2016. The reserved name is valid for 03 (three) months and can request a delay for 03 (three) months further without having to pay service fee.

 

The reservation of name via automation system for the company that was registered before 04 January 2016 shall enter the certificate that was registered.

 

In case the company governor or enterprise owner cannot fill out information and enter all the documents into the automation system for business registration in accordance with the requirement by themselves, they can come to the Ministry of Commerce to request the business registration officers to help fill out information and enter documents in the automation system.

 

Article 4

In case the company governor and enterprise owner has not re-registered as per the deadline in Article 3, the re-registration will still be able to be made until 30 June 2016 but has to pay full public service fee the same as new business registration.

 

Article 5

If the company governor and enterprise owner has not re-registered before 30 June 2016, the Ministry of Commerce will send a letter to the Ministry of Economy and Finance in order to settle tax obligations and send it to the court in accordance with the legal procedures.

 

Article 6

The payment of service fee to the state budget shall be made via the electronic system of the bank as set in Joint Prakas No. 1643 MoEF dated 16 December 2014 between the Ministry of Commerce and Ministry of Economy and Finance or relevant regulations being in effect. The company can keep the payment receipt issued by the automation system as evidence to prove that it has made the payment. In case, the founder or governor or shareholder comes to the Department of Business Registration to request the officers to help fill out information and enter the requirements in the automation system, the payment of service fee shall be made directly at the public service fee payment counter of the Ministry of Commerce.

 

Article 7

Any provision contrary to this Prakas shall be abrogated.

 

Article 8

Chief of cabinet, Director Generals, General Inspector, Department Directors and Directors of Municipal and Provincial Department of Commerce and directors of units under the supervision of the Ministry of Commerce shall implement this Prakas according to their respective role from 04 January 2016.

 

Senior Minister

Minister of Commerce

(signed and stamped)

Sun Chanthol

CC:

- General Secretariat of the Senate

- General Secretariat of the National Assembly

- Office of the Council of Ministers

- Cabinet of Samdech Akka Moha Sena Padei Techo Hun Sen, Prime Minister         

- Cabinet of H.E. Standby Deputy Prime Minister Keat Chhon

- Ministry of Economy and Finance

- National Audit Authority

- Relevant ministries and institutions

- Anti-Corruption Unit

- General Department of CAMCONTROL

- General Department of Customs and Excise

- All municipal and provincial administrations

- Cambodia Chamber of Commerce

- GMAC “for information”

- As in Article 8 for implementation

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