BUSINESS REGISTRATION, BUSINESS LICENSING, SECURITY LICENSING, IMPORT LICENSING AND BENEFICIAL OWNERSHIP DIVISION
Local businesses contribute to a sustainable economy
The Business Registration, Business Licensing, Security Licensing, Import Licensing and Beneficial Ownership Division is composed of 5 subdivisions that is staffed by 6 officers.
WHAT WE DO
The Business Registration, Business Licensing, Security Licensing, Import Licensing and Beneficial Ownership Division was established under Section 11A of the Public Service Act 2016 and the creation of this Division was published in the Gazette on 14th May 2021.
Business Registration Subdivision
The Business Names Registration Act 2018 mandates the functions of the Business Registration subdivision.
An application for registration of business name is received by the 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 business names for consideration by the Registrar of Business Names.
Business Licensing Subdivision
The Business Licences Act 2017 mandates the functions of the Business Licensing subdivision.
An application for a business licence is received by the officers of the subdivision who are responsible for ensuring that the required documents and the 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 business licences for consideration by the Registrar of Business Licences.
Security Licensing Subdivision
The Private Security Act 2012 mandates the functions of the Security Licensing subdivision.
An application for a security licence is received by the officers of the subdivision who are responsible for ensuring that the required documents and the 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 security licences for consideration by the Licensing Authority.
Import Licensing Subdivision
The Customs (Prohibition of Imports) Proclamation No 1 2014 mandates the functions of the Import Licensing subdivision.
An application for an import licence is initially received by the Nauru Customs Service before it is submitted to the Department of Justice for determination.
Beneficial Ownership Subdivision
The Beneficial Ownership Act 2017 mandates the functions of the Beneficial Ownership subdivision.
The Secretary for Justice, in his capacity as the Authority, is responsible for establishing and maintaining the Register of Beneficial Owners and database of beneficial owners.
The notice of appointment of a nominated officer of a legal entity 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 registration of beneficial ownership information 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.
Laws
Business Names Registration Act 2018 & relevant regulations
Business Licences Act 2017 & relevant regulations
Private Security Act 2012 & relevant regulations
Customs (Prohibition of Imports) Proclamation No 1 2014
Beneficial Ownership Act 2017 & relevant regulations
Publications
Forms
Business Names Registration Regulations 2018
Form 1 — Application form for registration of business name by an individual
Form 2 — Application form for registration of business name by firm or partners
Form 3 —
Application form for registration of business name by corporation as a partner in a firm/trading in its incorporation name
Form 4 —Application form for registration of business name by a trust
Form 5 — Notification for variation of particulars
Form 8 — Application form for transfer of certificate
Form 9 — Notice of cessation of business
Form 10 — Application form for restoration of business name
Form 11 — Annual Return
Business Licences Regulations 2018
Form 1 — Application form for business licence by an individual
Form 2 — Application form for business licence by individual partners for a firm
Form 3 —
Application form for business licence by corporation as a partner in a firm/trading under a business name registered under the Business Names Registration Act 2018
Form 4 — Application form for business licence by corporation trading under its incorporated name
Form 5 — Application form for business licence for a trust
Form 8 — Renewal of licence
Form 9 — Application for transfer of licence
Form 10 — Application for variation of particulars
Form 11 — Notice of cessation of business
Form 12 — Application form for restoration of Business Licence
Business Licences (Regional Processing Centres and Settlements) Regulations 2017
Schedule 1 — Application for special category of business licence
Schedule 2 — Application for special category of business licence
Private Security (Forms and Fees) Regulations 2019
Form 1 — Application form for security licence
Form 3 — Renewal of licence
Form 4 — Application for variation of particulars
Beneficial Ownership (Forms and Fees) Regulations 2018
Form 1 — Notice of Appointment
Form 2 — Notice of Change of Nominated Officer
Form 3 — Registration of Beneficial Ownership Information
Form 4 — Notice of Change of Beneficial Ownership Information
Form 5 — Beneficial Ownership Information
Form 4 — Application for variation of particulars
Fees
Business Names Registration Regulations 2018
Business Licences Regulations 2018
Business Licences (Regional Processing Centres and Settlements) Regulations 2017
- Fees for foreign companies
Business Licences (Regional Processing Centres and Settlements) Regulations 2017
- Fees for local service providers
Private Security (Forms and Fees) Regulations 2019
Beneficial Ownership (Forms and Fees) Regulations 2018
FAQs
BUSINESS NAMES REGISTRATION AND LICENSING SUBDIVISION
- Choose a business structure
- sole trader / individual
- partnership / firm
- corporation / company
- Find a business location in Nauru
- Register for a tax identification number with the Nauru Revenue Office
- Register your business name
- Apply for a business licence
- Apply for a certificate of incorporation / security licence / registration of partnership (if applicable)
- Application for registration of business name:
- by an individual – Form 1 of the Business Names Registration Regulations 2018
- by firm or partners – Form 2 of the Business Names Registration Regulations 2018
- by a partner in a firm / trading in its incorporation name – Form 3 of the Business Names Registration Regulations 2018
- Tax Identification Number from the Nauru Revenue Office is none has been obtained yet
- Proof of payment of fees
- Other required documents – copy of owner’s photo identity, copy of owner’s birth certificate, passport size photo
- Application for a business licence:
- by an individual – Form 1 of the Business Licences Regulations 2018
- by individual partners for a firm – Form 2 of the Business Licences Act 2018
- by a corporation as a partner in a firm / trading under a business name registered under the Business Names Registration Act 2018 – Form 3 of the Business Licences Regulations 2018
- by a corporation trading under its incorporated name – Form 4 of the Business Licences Act 2018
- Tax Identification Number from the Nauru Revenue Office is none has been obtained yet
- Proof of payment of fees
- Other required documents – copy of owner’s photo identity, copy of owner’s birth certificate, passport size photo
- Application for registration of a partnership (if applicable):
- application form for registration of a partnership – Form 1, Schedule 2 of the Partnership (Forms and Fees) Regulations 2021
- notice of appointment of nominated officer – Form 1, Schedule 1 of the Beneficial Ownership (Forms and Fees) Regulations 2018
- registration of beneficial ownership information – Form 3, Schedule 1 of the Beneficial Ownership (Forms and Fees) Regulations 2018
- Tax Identification Number from the Nauru Revenue Office is none has been obtained yet
- Other required documents – copy of owner’s photo identity, copy of owner’s birth certificate, passport size photo
- Application for incorporation of a corporation (if applicable):
- application form for incorporation of corporation – Form 1, Schedule 2 of the Corporations (Forms and Fees) Regulations 2018
- consent of directors (minimum of 2 directors) – Form 3, Schedule 2 of the Corporations (Forms and Fees) Regulations 2018
- notice of situation of registered office – Form 5 of the Corporation (Forms) Regulations 1972
- articles of association
- memorandum of association
- recent police clearance of directors
- notice of appointment of nominated officer – Form 1, Schedule 1 of the Beneficial Ownership (Forms and Fees) Regulations 2018
- registration of beneficial ownership information – Form 3, Schedule 1 of the Beneficial Ownership (Forms and Fees) Regulations 2018
- Tax Identification Number from the Nauru Revenue Office is none has been obtained yet
- Other required documents – copy of director’s photo identity, copy of secretary’s photo identity, copy of beneficial owner’s photo identity, copy of beneficial owner’s copy of owner’s birth certificate, passport size photo
- Within 7 days of lodgement of the application
- It may take longer if more information / documents are required to be submitted by the applicant
- sole trader / individual
-
- registration of business name – AUD200
- application for a business licence – AUD300
- additional charges apply if there are more than 1 business nature / more than one district [For example: if there are more than one business nature, the applicant has to pay AUD300 for each business nature. If there are more than one district, the applicant has to pay AUD300 for each district]
- partnership / firm
-
- registration of business name – AUD200
- application for a business licence – AUD300
- additional charges apply if there are more than 1 business nature / more than one district [For example: if there are more than one business nature, the applicant has to pay AUD300 for each business nature. If there are more than one district, the applicant has to pay $300 for each district]
- fee for registration of partnership – NIL
- notice of appointment of nominated officer (beneficial owner) – AUD25
- registration of beneficial ownership information – AUD$50
Yes
In order for the foreign corporation to conduct business in the Republic, it must be registered as a foreign corporation under the Corporations Act 1972, which includes submission of the following documents or information to the Registrar of Corporations:
- a certified copy of the certificate of the company’s incorporation or registration in your company’s place of incorporation or origin or a document of similar effect;
- a certified copy of the company’s charter, statute or memorandum and articles or other instrument constituting or defining your company’s constitution;
- a list of your company’s directors and officers containing similar particulars with respect to your company’s directions as are by this Act required to be contained in the register of the directors and secretaries of a corporation incorporated under the Act;
- where a list includes directors’ resident in Nauru who are members of the local board of directors, a memorandum duly executed by or on behalf of the foreign corporation stating the powers of local directors. Foreign directors must have Nauru business visa too;
- a memorandum of appointment or power of attorney under the seal of a foreign corporation or executed on its behalf in such manner as to be binding on the corporation and, in either case, verified in the prescribed manner, stating the name and address of a registered corporation agent in Nauru authorised to accept on the company’s behalf service of the process and any notices required to be served on the corporation together with the written consent of such agent to the appointment;
- notice of the situation of the company’s registered office in Nauru;
- a declaration setting out particulars of the company’s authorised capital;
- appoint a nominated officer for the purposes of beneficial owner details;
- including copies of photo identification cards, police clearance and passport size photos.
The foreign corporation must also apply for a business licence under the Business Licences Act 2017 and register its beneficial owners under the Beneficial Ownership Act 2017.
Yes
Variation of particulars of business licence
- Section 21 of the Business Licences Act 2017 allows variation of particulars. For example: ownership, address or nature of the business
- Fees for variation:
- Business Licences (Regional Processing Centres and Settlements) Regulations 2017 – for a foreign company: $20,000
- Business Licences (Regional Processing Centres and Settlements) Regulations 2017 – for a local service provider: $300
- Business Licences Regulations 2018 – $200
- Business Licences Regulations 2018: Form 10 of Schedule 1
Variation of particulars of business name
- Section 17 of the Business Names Registration Act 2018 allows variation of particulars. For example: registered business name, ownership, address or nature of the business
- Fees for variation: $100
- Business Names Registration Regulations 2018: Form 5 of Schedule 3
Variation of particulars of partnership
- Section 14 of the Partnership Act 2018 allows variation of particulars. For example: ownership, address or nature of the partnership
- No fee
- Partnership (Forms and Fees) Regulations 2021: Form 3 of Schedule 2
- Renew before the expiration date of your business licence and certificate of incorporation (if applicable)
- File your annual returns:
- For individual / sole trader / partnership – Form 11 of Schedule 1 of the Business Names Registration Regulations 2018
- Register variation particulars (if any changes)
- Displaying certificate of business name, business licence, certificate of registration of partnership (if applicable), certificate of incorporation (if applicable
You may contact any of the following officers:
- 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 for Corporations (assisting the Secretary)
- Camellia Renzo – Paralegal (assisting the Secretary)
- Kosak Kosam – Business Inspector (assisting the Secretary)
- Kayla Akua – Paralegal (assisting the Secretary)
Yes.
It is an offence if a business is operating without a licence in Nauru.
PRIVATE SECURITY LICENSING SUBDIVISION
It is a licence to conduct one or more security activities.
A person who conducts a security activity if, as part of a business or the person’s employment, the person does any of the following:
- acts as a security officer;
- acts as a bodyguard;
- acts as a crowd controller; or
- operates a security firm.
- You have to apply to the Licensing Authority for a security licence
- Prerequisite for a security licence:
-
- certificate of registration of business name; and
- business licence;
- certificate of registration of partnership (if applicable); or
- certificate of incorporation (if applicable).
- Step 1: Download and complete the required forms.
- Step 2: You can obtain an invoice from the Department of Justice office at Yaren District, whereby you will be given a signed invoice to make cash payment at the Nauru Revenue Office or make online payment to the Treasury Operating Account. *An invoice can be emailed to you upon request.
- Step 3: Take the payment receipt with the completed forms to the Department of Justice office for processing. *You may be required to provide more information or documents.
- Step 4: We will contact you about whether or not your application was accepted or rejected.
*If you comply with all the requirements, you will be issued with a licence. If you do not comply, you will be required to make the necessary changes or provide the necessary information or document.
Apply for registration of a business name (if not yet obtained):
- by an individual – Form 1 of the Business Names Registration Regulations 2018
- by firm or partners – Form 2 of the Business Names Registration Regulations 2018
- by a partner in a firm / trading in its incorporation name – Form 3 of the Business Names Registration Regulations 2018
- Tax Identification Number from the Nauru Revenue Office is none has been obtained yet
- Proof of payment of fees
- Other required documents – copy of owner’s photo identity, copy of owner’s birth certificate, passport size photo
Apply for a business licence (if not yet obtained):
- by an individual – Form 1 of the Business Licences Regulations 2018
- by individual partners for a firm – Form 2 of the Business Licences Act 2018
- by a corporation as a partner in a firm / trading under a business name registered under the Business Names Registration Act 2018 – Form 3 of the Business Licences Regulations 2018
- by a corporation trading under its incorporated name – Form 4 of the Business Licences Act 2018
- Tax Identification Number from the Nauru Revenue Office is none has been obtained yet
- Proof of payment of fees
- Other required documents – copy of owner’s photo identity, copy of owner’s birth certificate, passport size photo
Apply for registration of a partnership (if applicable):
- application form for registration of a partnership – Form 1, Schedule 2 of the Partnership (Forms and Fees) Regulations 2021
- notice of appointment of nominated officer – Form 1, Schedule 1 of the Beneficial Ownership (Forms and Fees) Regulations 2018
- registration of beneficial ownership information – Form 3, Schedule 1 of the Beneficial Ownership (Forms and Fees) Regulations 2018
- Tax Identification Number from the Nauru Revenue Office is none has been obtained yet
- Other required documents – copy of owner’s photo identity, copy of owner’s birth certificate, passport size photo
Application for incorporation of a corporation (if applicable):
- application form for incorporation of corporation – Form 1, Schedule 2 of the Corporations (Forms and Fees) Regulations 2018
- consent of directors (minimum of 2 directors) – Form 3, Schedule 2 of the Corporations (Forms and Fees) Regulations 2018
- notice of situation of registered office – Form 5 of the Corporation (Forms) Regulations 1972
- articles of association
- memorandum of association
- recent police clearance of directors
- notice of appointment of nominated officer – Form 1, Schedule 1 of the Beneficial Ownership (Forms and Fees) Regulations 2018
- registration of beneficial ownership information – Form 3, Schedule 1 of the Beneficial Ownership (Forms and Fees) Regulations 2018
- Tax Identification Number from the Nauru Revenue Office is none has been obtained yet
- Other required documents – copy of director’s photo identity, copy of secretary’s photo identity, copy of beneficial owner’s photo identity, copy of beneficial owner’s copy of owner’s birth certificate, passport size photo
A person would be committing an offence if he or she conducts a security activity without a security licence.
The maximum penalty is $50,000 and 2 years imprisonment.
BENEFICIAL OWNERSHIP SUBDIVISION
A beneficial owner is always a living, breathing human being who ultimately profits from the company’s activities, or controls the company’s activities. It is never a company, other legal entity, or a nominee or proxy.
Disclosure of beneficial ownership makes legal entities less attractive for criminals.
This encourages and increase transparency of legal persons and arrangements through disclosure of who ultimately owns, controls, exercises substantial interest in, or receives substantial economic benefit from a corporation or other legal entity, or on whose behalf a transaction is conducted.
There is no minimum threshold applied for the identification of beneficial owners. As per the Beneficial Ownership Act 2017, it is imperative for legal entities to identify and register each beneficial owner, regardless of their percentage of ownership.
You can find more information about beneficial owners 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 (Private 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