Rwanda has also enacted the 2021 Law on Partnerships, which establishes four forms of partnerships in the country: general partnerships; limited partnerships; limited liability companies; and foreign partnerships. The new Companies Act defines a protected cell society (“CCP”) as “an enterprise in which a single legal entity consists of a nucleus [the protected cell society] connected to several cells, each with separate assets and liabilities.” Rwanda`s company law allows branches of foreign companies to be 100% foreign-owned. The scope of activity of this entity is determined by the parent company. Branches are considered separate legal entities and may have an independent management team and maintain a corporate bank account. A branch is required to submit its accounts to the Rwandan Commercial Registry. In detail, committees have the following essential legal obligations. Documents required by the Companies Act may be drawn up in one of the official languages (Kinyarwanda, English or French). After approval by the Board of Directors, documents written in Kinyarwanda may also be translated into another official language. However, the new Companies Act does not provide for a definition of beneficial owner and it is not clear whether it should be understood as natural persons who ultimately control or own a legal entity under the OECD Beneficial Ownership Implementation Toolbox, or a person who can enjoy the rights attached to the company`s shares independently of any legal obligation or contractual (see Trust, B. agents, bridge companies, etc.) and the Office of the Chancellor General should provide guidance to clarify this issue. Healy Consultants helps clients integrate the optimal legal entity that best suits their interests. There are a number of ways entrepreneurs can start their business in Rwanda, the most common being to form a limited liability company (LLC). Foreign companies wishing to do business in Rwanda also have other establishment options, such as a Rwandan PLC, branch or representative office.

A patent is a type of intellectual property that gives its owner the right to prevent others from making, using or selling an invention for a limited period of time in exchange for the publication of an enabling disclosure of the invention. U.S. Library of Congress links to legal and general sources on Rwanda. Prior to the adoption of the new Companies Law, there were different ways to incorporate or register a company in Rwanda. In addition to these forms, the new law introduced other forms, namely the protected cellular company, the non-profit company and clarified a limited liability company. There is no legal obligation for foreign investors to obtain and obtain special permits from the authorities. A foreign investor is placed on an equal footing with Rwandan investors in terms of investment incentives and investment facilitation. Rwandan law provides that a worker can be posted to Rwanda, as the law does not require workers to be employed by a local institution in Rwanda when providing services in Rwanda. Employment in a local institution may be a prerequisite for applying for a foreign work permit or H2 permit under Rwandan immigration laws. K-Solutions & Partners was founded in 2007 and currently has a large number of national and international clients. The firm employs 15 permanent staff, including nine lawyers, as well as external legal counsel.

K-Solutions & Partners is a leading law firm in Rwanda that is uniquely positioned to provide its clients with practical insight into the legal issues that arise in Rwanda`s dynamic economic environment. The company has a reputation for providing in-depth knowledge of local and international business practices. The firm`s regional presence as part of the Africa Legal Network allows the team to advise national and regional clients on expanding their business interests across the continent. The firm`s practice includes banking and finance, tax, capital markets, corporate, corporate governance and compliance, employment and labour, energy, environment, natural resources and infrastructure, intellectual property, litigation, arbitration and dispute resolution, project finance and real estate. The owner of a trademark registration has the right, in addition to any other available right, remedy or action, to bring legal action against any person who falsifies the trademark by using it without the owner`s consent in the manner specified above or by performing acts that make infringement probable. This right extends to the use of a sign similar to the registered trade mark and to use in relation to goods and services similar to those for which the trade mark is registered, where this may cause confusion in public opinion. Among the main legislative reforms expected in the near future is a revision of the country`s current income tax law. Among the long-awaited changes to this law are the taxation of the digital economy and the increase of the minimum income, which is subject to income tax. It is important to note that Rwanda is a civil legal system that is in the process of moving from pure civil law to a fusion of civil law and common law. The evolutionary process has led to the reform of several laws such as the Criminal Code and the Law of Evidence.

Under the new law, a CCP has legal personality, but a cell created by it does not create a separate legal entity from the CCP itself (in relation to that cell). However, the assets and liabilities of a cell are separate from those of the nuclear cell and other cells and must always be separately identifiable, meaning that in the event of insolvency/liquidation of a CCP, its general creditors may not be entitled to the assets of a particular cell and vice versa. A PCC may also emit cellular actions with respect to one or more of its cells and make distributions only to the holders of those shares. However, the provisions of this article shall not prevent the author of the work or his successors in title or associated rightholders from directly exercising their rights as conferred on them by this Law. Rwanda currently follows a civil law system, although it is gradually evolving from pure civil law to a dual legal system that includes aspects of the civil law and common law systems. On 8 February 2021, a new Companies Law (Law No. 007/2021 of 05.02.2021 on Companies) was published, repealing and replacing its predecessor (Law No. 17/2018 of 13.04.2018).

This has led to significant changes and improvements, particularly with regard to new corporate forms, compliance obligations and decision-making arrangements for shareholders. Currently, Rwanda is dominated by both the major civil law and common law systems, which means that it is a hybrid system. Rwanda has adopted a number of common law concepts to address its current situation, making Rwanda a dual legal system that encompasses both civil and common law aspects. Any merger notified in a manner contrary to the provisions of competition and company law is null and void and the rights or obligations arising from an agreement relating to such merger are not respected. Rwanda`s transfer pricing rules require related party transactions to be concluded at arm`s length. The judiciary is subordinate to the High Council of Justice, which is chaired by the Honourable President of the Supreme Court, who is also the President of the Supreme Court and appointed by the President of the Republic in accordance with the Constitution of the Republic of Rwanda.