The Constitution of 1995 guarantees basic freedom to invest, to own property, and to fair compensation in the event of expropriation. Malawi is eager to attract foreign investment and foreign investors are generally granted national treatment as the Malawian constitution protects investment irrespective of nationality.
Acquisition of Holdings
Investors, both domestic and foreign, may invest in any sector of the economy, with no restrictions on ownership. There are no restrictions on the size of investment, sources of funding, or whether products are destined for export or for the domestic market. However, the Malawi Stock Exchange limits an individual foreign investor to 10% of the shares of any one company during its IPO, with the aggregate of all foreign investors participating in the IPO being limited to 49% of shares. These restrictions only apply to the initial offering and do not apply to any future trading of shares.
Obligation to Declare
Government does not screen foreign direct investments but need to be registered with the Malawi Investment and Trade Center (MITC) and investment capital over USD 50,000 must be registered with the Reserve Bank of Malawi (RBM).
While not discriminatory to foreign investors, investments in Malawi involves some processes, which may include obtaining a business license, a tax registration number, and a land use permit. Foreigners need a business residence permit (BRP) to carry out any business activity in Malawi. All new land acquisitions are done under leases, with lease terms for foreigners limited to maximum 50 years, compared to 99 years for Malawian citizens. Moreover, foreigners can only secure private land when no citizen has made an offer for the land and the law prohibits land transfer, as a gift, between persons who are not Malawi citizens. During the privatization of government assets, Malawian nationals are offered preferential treatment, including discounted share prices and subsidized credit.
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Malawi: Invertir a Malawi
