Libya Trade Laws

Registration of Trademarks under the Libyan Law

• We would like to explain the services offered by LIBYA TRADE LTD for Commercial Registration .

• carrying out the registration, renewal and transfer of owner ship of trade marks in Libya.
• By virtue of the details above, there was an urgent need for passing legislation in connection with the protection of intellectual, commercial and industrial property, as well as the protection of products against counterfeiting, fraud and forgery. Law no. (40) of 1956 was issued in Libya regarding the regulation of registration of trademarks. Pursuant to this law,
• Libya became a member of Paris Convention for the Protection of Industrial Property, and a member of Stockholm Convention of 1967. Libya also applies an International Goods Classification System for the Registration of Trade marks.

To register your trademark, we need to have the following documents:

• A Power of Attorney given to LIBYA TRADE LTD for Commercial Registration Ltd",and authenticated by the Libyan Consulate in the country of the trademark.
  
  
• Eight copies of the trademark to be registered in each category.
  
  
• Specifying the classes of goods and services whose trade marks need to be registered.
  
  
• The name, address , nationality, and activity of the Applicant.
  
  
• A legal extract of the company`s entry in the Commercial Register ,authenticated by the competent authorities, and by the Libyan Embassy in the country of the trade mark.
  
  
• The documents needed for the registration of patents should be submitted to the Intellectual Property Section of the Industrial Research Centre (IRC), in accordance with the provisions of Law no. (8) of 1959 and its by laws.

Documents needed for the registration of patents and industrial prototypes are:

• A Brief Description of the patent, drawings and proto types.
  
  
• Translation into Arabic of all the relevant documents submitted.
  
  
• An extract from the Commercial Register for the entry of the company which owns the patent, such extract to be authenticated by the competent authorities and by the Libyan Embassy in the country of the patent or proto type.
  
  
• A Power of attorney issued to our Company by the patent owner or the proto type owner, such Power of Attorney to be signed and authenticated by the competent authorities and by the Libyan Embassy in the country of the patent or proto type.
  
  
• In the case of claiming a priority right, the priority document should be submitted, together with its (Arabic) translation.
  
  
• The Proto types made to submit applications, such proto types to be approved by the Industrial Research Centre.

Registration of Branches of Foreign Companies in Libya:

LIBYA TRADE LTD

1. Offers the service of registering the branches of foreign companies at the Directorate General of Companies and Commercial Registrations -
2. Ministry of Economy Trade and Investment, in accordance with the applicable laws by the Department of Companies
3. Ministry of Economy Trade and Investment.

Documents needed for registering a branch of a foreign company in Libya:

1. Resolution passed by the Board of Directors for the approval of opening
   the Company's branch in Libya, including the following.Statement of activities to be carried out in Libya, provided that they are consistent with the objects of the parent company, and are activities
   permissible for branches of foreign companies in Libya.
   
2. The name of the Manager of the Company's Branch in Libya, provided that he holds Libyan nationality or the nationality of the country of the parent company or of one of its owners.
   
   
3. Address of the main office of the company`s branch in Libya.
   
   
4. A certified accurate copy of the Memorandum and Articles of Association of the parent company.
   
   
5. An original recent commercial extract from the competent authority where the parent company is registered.
   
   
6. An undertaking by the Board of Directors of the parent company to prepare the annual Balance Sheet as well as the Profit and Loss Account of the branch.
   
   
7. An undertaking by the Board of Directors of the parent company that they will not interfere in the political affairs of Libya.
   
   
8. Documents showing the company's competence and expertise in the activities that will be carried out in Libya.
   
   
9. Completing an Application Form prepared by the Libyan Administration for obtaining authorisation to open a branch of a foreign company.

Registration of Commercial Agencies (Individuals - Companies and Partnerships - Principal)

We offer the service of registration of commercial agencies in accordance with the provisions of Law no. (6) of 2004 and its by laws, as amended.

Documents needed for entry in the Register of Commercial Agencies: Documents from Individuals /Private Agents:

A document certifying the Libyan nationality.

Certificate of Non-Bankruptcy.

Police Clearance Certificate.

An undertaking to submit the contracts and agreements concluded with third parties within (30) days from the date of signing the same.

An undertaking to transfer to Libya the commission earned within three months from the due date.

An undertaking to allocate not less than 20% of the value of durable goods imported in to Libya as spare parts, materials and tools necessary for maintenance.

An undertaking to provide a suitable place for carrying out the commercial agency activities, and registration in the relevant Commercial Register no later than 6 months from the registration date.

A certificate from the bank with which the agent has an account in Libya.

The Agency Contract concluded between the Agent and the Principal,including the basic statements for the contracting parties, such as the commission value, the contract duration, the type of goods and merchandise,the subject of the Agency Contract … etc., provided that it is translated and authenticated by the Libyan Embassy in the country of the company.

Document from Companies and Partnerships/Corporate Agents:

1. The company`s Memorandum and Articles of Association.
2. Resolution of Authorisation to carry out the activities.
3. Commercial Extract stating clearly the address of the Company or Partnership.
4. A Non-Bankruptcy Certificate issued by the court.
5. An undertaking to transfer to Libya any commission earned by the Company.
6. An undertaking to allocate not less than 20% of the value of durable goods imported into Libya as necessary spare parts, materials and tools.
7. An undertaking to submit the contracts and agreements concluded with third parties within (30) days from the date of signing the same.
8. A certificate from the bank with which the agent has an account in Libya.
9. The Agency Contract concluded between the Agent and the Principal,including the basic statements for the contracting parties, such as the commission value, the contract duration, the type of goods and merchandise,the subject of the Agency Contract … etc., provided that it is translated and authenticated by the Libyan Embassy in the country of the company.

Documents from the Principal:

• Commercial Extract issued in the country of Principal's registration abroad, translated into Arabic and authenticated by the Libyan Embassy.
• A Certificate of Non-Bankruptcy issued by the court where the Principal is registered, provided that it is translated in to Arabic and authenticated by the Libyan Embassy.

A Certificate issued by "Israel Boycott Office", if the Principal has been blacklisted.

Required Documents For opening a representative office of a foreign company

1. Company`s board resolution approving setting up a branch company in Libya, including the following:-

• Name of the representative office`s manager in Libya conditioned that to be of company`s nationality or Libyan nationality.
• The main domicile of the representative office in Libya.

2. A copy of the establishing contract and the articles of association of Mother Company.

3. A recent trade certificate, from the authorized authority that registering the mother company.

Notes :

• Required documents should be attached by a formal letter addressed in name of: Companies & Trade Registering General Administration.

• All submitted documents should be originals.

• The Libyan Embassy at the country of the mother company must endorse documents of foreign language.

• A Libyan legal translator must translate documents in Libya.

Required Documents for issuing a licence.

Required Documents For Joint venture companies at all fields

Important issues for ( investor, Engineer & Consultancy)

- When concluding of any contract in any legal form, whatever its contents are, or whatever is its subject or finance revenues. Then off sure you will present your initial and primary studies; such as feasibility study of project, through the suitable legal form and up to the final shape, it will be (join venture, Branch Company, representative office marketing to the company without contracting or sharing company in a project…etc.).

- For the said above, we committed our selves to clear the seen, for sake of clarity, to all persons subject of these lines (investor, Engineer & Consultancy). Trying to jump on customary by specifying responsibilities of all parties of this different relations, therefore, we advise that the beginning should be always, through signing an agreement for good intentions or what called first letters signing.

Required from foreigner partner:

1. Company`s B of D decision approving partnership in Libyan company, indicating partnership percentage, capital, objectives, and the deputized liability for finishing the company`s registration.

2. Copy of the commercial registration certificates.

3. Copy of the articles of association & set up contract.

4. Experience certificate of any project they implemented. P.S; all documents will be submitted, must be confirmed from Libyan Embassy at mother company`s state, but oil companies are excepted, as they require partnership between 100 Libyan citizens.

Branches

No branch offices for the time being except companies contracted with the two approved main entities, with Administrative Centres Org. for Development & Advancement, or with Housing & Utilities Executive Org. either, and the branch opened as to the exception stated in the contract with either of the two entities. Branch office of the company is not allowed to enter into covenants with any other liabilities if public or privet and commerce register certificate should mention in particular project would implement with either entity (Administrative Centres Org. for Development & Advancement, or Housing & Utilities Executive Org).

Different info

In regard of joint venture companies, partnership can be either between natural individuals or between juridical entities (companies).

Libyan law specified partnership percentage of foreigners (foreign partner) with 65% as farthest point, and if shareholders are natural individuals, then the percentage of person share is 10% maximum of company`s capital, and this is the maximum level legally allowed to the natural individuals.