Botswana (BW)

Jurisdiction Overview

IDQuestionAnswer
471 *BO Record: Does the registration of domestic companies comprise beneficial owner's identity information? Yes all. All companies require recording of every single natural person with any share/influence ('beneficial owner').
 Data Date: 2019

Notes

 
"Botswana recently enacted amendments to the companies law,taking effect on 3 June 2019. These include a new Registration of BusinessNames Act, a Re-Registration of Business Names Act, amendments to theCompanies Act, and a Companies Re-Registration Act.73. Under the amendments, new and previously registered companiesare required to register with the Registrar and register a business name. Registration and the filing of annual returns will be electronic. Every company registered under the old law must re-register before 3 June 2020 or the company and the business name of that company will be deregistered andimmediately removed from the register (Companies Re-Registration Act s. 5; Re-Registration of Business Names Act, ss. 3, 5).
 
[...] Under the new laws, information to be provided to the CIPA by allcompanies (including external companies) includes the full name, nationality, age, gender and residential address of every shareholder, director, member, and beneficial owner (Companies Act, ss. 21, 345; Companies Reregistration Act, s. 4; Registration of Business Names Act, s. 7). A notice must be delivered to the CIPA within 14 days of changes to any filed information (including beneficial ownership information) (Registration of Business Names Act, s. 11). A beneficial owner means “a natural person who, directly or indirectly through any contract, arrangement, understanding, relationship or otherwise, is the ultimate beneficiary of a share or other securities in a company” (Companies Act, s. 2; Registration of Business Names Act, s. 2). The term “ultimate beneficiary” is not defined and further guidance on how “beneficial owner” is to be interpreted has not been published. " (GF 2019: 3435).
 
Given that there are no thresholds, we understand that all beneficial owners have to be identified.

Sources

GF 2016: 23-24, 28
 
GF 2019: 35 & 43