CORPORATIONS, PARTNERSHIPS, ASSOCIATIONS AND TRUSTS REGISTRATION DIVISION
The future starts with registration, let us help you
WHAT WE DO
The Corporations, Partnerships, Associations and Trusts Registration Division is one of the youngest divisions in the Department of Justice and Border Control (Department). Before the creation of the Division, the registrations were handled by the Business Registration, Business Licencing, Security Licencing, Import Licensing and Beneficial Ownership Registration Division.
In 2017, the Department saw the need to create a section to put in place a specific and comprehensive process for the registration of corporations, partnerships and associations as well as trusts. Over the years, the establishment of positions and recruitment of officers to the new division has been the main priority. Following on from that, policy development for the division’s function and capacity building for relevant staff has ensured that the service is productive, efficient and appropriate. Awareness raising is an ongoing mandate of the division to advise relevant partner agencies such as the Department of Finance on particular legislative mandates for the registration process to be collaborative and sensible.
The Division provides a service to the people of Nauru and other potential clients with access and opportunity to other avenues of business and community project opportunities which is envisaged to enhance and support community development.
CORPORATIONS SUBDIVISION
The Corporations Act 1972 mandates the function of the Corporations Subdivision.
An application for incorporation of a corporation is received by officers of the Subdivision who are responsible for ensuring that the required documents and information are properly filled out and submitted by the applicant. The applicant must pay the prescribed fee.
The officers of the Subdivision are responsible for processing certificates of incorporation for consideration by the Registrar of Corporations.
PARTNERSHIPS SUBDIVISION
The Partnership Act 2018 mandates the function of the Partnerships Subdivision.
An application for a certificate of registration of a partnership is received by officers of the Subdivision who are responsible for ensuring that the required documents and information are properly filled out and submitted by the applicant.
The officers of the Subdivision are responsible for processing certificates of registration of partnerships for consideration by the Registrar of Partnerships.
ASSOCIATIONS SUBDIVISION
The Registration of Associations Act 2020 mandates the function of the Associations Subdivision.
An application for a certificate of registration of registration of an association is received by officers of the Subdivision who are responsible for ensuring that the required documents and information are properly filled out and submitted by the applicant. The applicant must pay the prescribed fee.
The officers of the Subdivision are responsible for processing certificates of registration of associations for consideration by the Registrar of Associations.
TRUSTS SUBDIVISION
The Trusts Act 2018 mandates the function of the Trusts Subdivision.
An application for a certificate of registration of a trust is received by officers of the Subdivision who are responsible for ensuring that the required documents and information are properly filled out and submitted by the applicant. The applicant must pay the prescribed fee.
The officers of the Subdivision are responsible for processing certificates of registration of trusts for consideration by the Registrar of Trusts.
FORMS
Corporations (Forms and Fees) Regulations 2018 - SCHEDULE 2
Form 1 — Application form for incorporation of corporation
Form 2 — Renewal form for incorporation of corporation
Form 3 — Consent of directors
Corporations (Forms and Fees) Regulations 2018 - SCHEDULE 3
Form 1 — Annual return of a corporation
Partnership (Forms and Fees) Regulations 2021 - SCHEDULE 2
Form 1 — Application form for registration of partnership
Form 3 — Application for variation of particulars of partnership
Form 4 — Application for transfer of certificate of registration of partnership
Form 5 — Application form for duplicate copy of certificate of partnership
Form 6 — Annual Return
Registration of Associations (Forms and Fees) Regulations 2021 - SCHEDULE 2
Form 1 — Application form for registration of association
Form 3 — Application form for duplicate copy of certificate of registration
Form 4 — Application form for renewal of registration of association
Form 5 — Notice to surrender certificate of registration
Form 9 — Notice to vary or amend registration
Form 10 — Notice of voluntary dissolution of association
Form 11 — Application form for certificate of compliance – foreign association
Trusts (Forms and Fees) Regulations 2018 - SCHEDULE 1
Form 1 — Application for registration of a registrable trust
Form 3 — Annual return for registered trust
Form 5 — Change or variation of particulars
FAQs
CORPORATION SUBDIVISION
It is a body of persons having in law an existence and rights and duties distinct from those of the individual persons who from time to time form it. It has perpetual succession, a name and common seal.
- Form and invoice will be given to applicant from Justice (whether holding or trading corporation)
- Applicant:
- pays fee at NRO;
- applies for TIN at NRO, if none obtained yet
- Applicant fills form including appointment of nominated officer, beneficial ownership registration
- Applicant signs before commissioner for oaths
- Applicant submits to Justice completed form, required documents including payment receipt
- Justice processes application
- Justice will inform applicant of Registrar of Corporations’ decision (further information / document may be required from the applicant by the Registrar
You can find more information about corporations at the Department of Justice, Government Offices, Yaren District.
PARTNERSHIP SUBDIVISION
It means an unincorporated body of 2 or more individuals or of one or more individuals and one or more corporations, or 2 or more corporations, who or which have entered into partnership with one another with a view to carry on business registered under this Act and trading as a firm under the Business Names Registration Act 2018.
- Form and invoice will be given to applicant from Justice (whether 2 or more individuals or of one or more individuals and one of more corporations, or two or more corporations, who have entered into a partnership with one another with a view to carry on business)
- Applicant:
- pays fee at NRO;
- applies for TIN at NRO, if none obtained yet
- Applicant fills form including appointment of nominated officer, beneficial ownership registration
- Applicant signs before commissioner for oaths
- Applicant submits to Justice completed form, required documents including payment receipt
- Justice processes application
- Justice will inform applicant of Registrar of Corporations’ decision (further information / document may be required from the applicant by the Registrar
You can find more information about partnerships at the Department of Justice, Government Offices, Yaren District.
ASSOCIATIONS SUBDIVISION
This helps to register and create a separate legal entity that can enter into contracts, hold property and sue or be sued when such circumstances arise. This broad objective will allow such informal bodies to tap into donor funding which they have not been able to in the past, due to their inability to prove their legal existence in the country.
- Form and invoice will be given to applicant from Justice
- Applicant:
- pays fee at NRO;
- applies for TIN at NRO, if none obtained yet
- Applicant fills form including appointment of nominated officer, beneficial ownership registration
- Applicant signs before commissioner for oaths
- Applicant submits to Justice completed form, required documents including payment receipt
- Justice processes application
- Justice will inform applicant of Registrar of Corporations’ decision (further information / document may be required from the applicant by the Registrar
The application for registration of an association shall be accompanied by a certificate in the prescribed form by an executive member of the association: (a) certifying that he or she is authorised by the association to apply for registration; (b) providing the full name, residential and email addresses, telephone contacts and occupations of the executive of the association; (c) listing all members of the association; (d) verifying the particulars contained in the application; (e) certifying that the executive or office bearers have not been convicted of a serious offence or is subject to any criminal proceedings; (f) certifying that the executive or office bearers are not listed on a financial sanctions list under a written law of the Republic or under a law of any other jurisdiction; (g) providing the details of the source of funds for the capital of the association; (h) verifying the copy of the instrument of creation of the association accompanying the application is a true copy and that the instrument of creation make provision for the matters in conformity with this Act; and (i) undertaking that the association shall comply with all requirements of the Beneficial Ownership Act 2017 or the Registration of Associations Act 2020.
An association may engage in profit making activities, which profit shall be used for the association’s non-profit purposes or activities.
Yes. An association may vary or amend its particulars including the name of its registration by lodging with the Registrar of Associations a notice containing: (a) details of the specific particulars to be varied or amended; and (b) a signed resolution from the executive of the association authorising the variation or amendment.
Yes. It can be dissolved voluntarily where the association is solvent or it is resolved by a special resolution under its instrument of creation that it be dissolved. Further, it can be dissolved by the Supreme Court where: (a) the association was not at the time of registration eligible for registration under this Act; (b) the registration of the association was obtained by fraud, misrepresentation or mistake; (c) the association has fewer than 7 members and despite the notice of the Registrar, the association continues to operate; (d) the association is unable to pay just debts; (e) the association has engaged in activities outside the scope of its purpose or has ceased to carry on or pursue the purpose of its registration; (f) the executive of the association has acted in an oppressive manner; (g) the association either neglects to or wilfully refuses or fails to remedy any contravention of this Act, comply with the notice issued by the Registrar or any breaches of its own Rules; (h) the association by acting as a legal entity secured pecuniary gain for the members of the association; (i) the majority of the members passed a resolution that the association be dissolved but the executive failed to comply with such resolution; or (j) it is just and equitable that the association be dissolved.
You can find more information about associations at the Department of Justice, Government Offices, Yaren District.
TRUSTS SUBDIVISION
It is a relation or association between one person (or persons) on the one hand and another person (or persons) on the other, based on the confidence, by which property is vested or held by the one person, on behalf of and for the benefit of another.
- Form and invoice (except for charitable trust) will be given to applicant from Justice
- Applicant: – pays fee at NRO; – applies for TIN at NRO, if none obtained yet
- Applicant fills form including appointment of nominated officer, beneficial ownership registration
- Applicant signs before commissioner for oaths
- Applicant submits to Justice completed form, required documents including payment receipt
- Justice processes application
- Justice will inform applicant of Registrar of Trusts’ decision (further information / document may be required from the applicant by the Registrar)
Yes, a change or variation by the trustees at any time or in the annual returns.
The court may vary or revoke a trust on behalf of a minor.
You can find more information about trusts at the Department of Justice, Government Offices, Yaren District.
OUR TEAM
Jay Udit
Secretary for Justice and Border Control & Registrar of Business Names, Registrar of Business Licences, Licensing Authority (Security), Authority (Beneficial Owners)
Mele Lemaki Tagivakatini
Legal Officer (assisting the Secretary)
Wylie Detenamo
Deputy Registrar of Corporations (assisting the Secretary)
Camellia Renzo
Paralegal (assisting the Secretary)
Kosak Kosam
Business Inspector (assisting the Secretary)
Kayla Akua
Paralegal (assisting the Secretary)
OUR LOCATION
Department of Justice and Border Control
Ground Floor
Government Buildings
Yaren District
Republic of Nauru