Company Instructions
Ministry Of Trade/ Registration Of Companies Department
Foreign Companies Section
Required Documents to Registrate a Branch or a Representation
Office of a Foreign Company In Iraq According To Branches And Companies Offices And A Foreign Economic Enterprises No.5 Of 1989.
1-A copy of the memorandum of incorporation and articles of association of the mother company or corporation or any equivalent document provided it should include names of the board of directors and the indiviual authorized to sign on behalf of it.
2-. A copy of a valid registration certificate of the company or the corporation issued from the country of origin.
3- A copy of the latest final accounts of the company or the corporation together with the board of directors report attached with these accounts .
B-A cash statement for the company or a foreign economic enterprise in the existence of a legal preventative to present its financial as being newly established.
4-A letter from the mother company to bear financial and legal responsibility of its branch.
5- A copy of the power of attorney of the branch or office manager in Iraq who actually reside therein issued from the company or corporation management with an indication of his powers .
6-The authorization of the representative for filing with the registrar of companies..
7- A copy of the form of the license request.
8- A confirmation letter from the government departments or contractual sources clarifying the contract nature or the rendered services together with the commencement and expiry date of contract and the maintenance period، if any، concerning the companies which are subject to get a branch license only.
NOTES:-
1- The above documents should be certified from the competent authorities (sectorial source like the Notary Public + Ministry of Foreign Affairs + Iraqi Embassy + Iraqi Ministry of Foreign Affairs ) in the country of origin and should be translated to Arabic language if these documents are in foreign language.
2- Colored copy of the branch or office manager passport ( for foreigners only) and identity card and ration card for Iraqis.
3- Colored copy Identity card and ration card for the representative of filing with the Registrar of Companies.
4- The branch or office manager and the representative of filing with Registrar of Companies must reside in Iraq.
Clarification
FIRST : -The different between a branch and representation office of a foreign company as defined in article (1/ first – second ) of the regulation is :-
1-What meant by a company branch or economic enterprises whatever allowed under this regulation of companies branches or foreign enterprises whose activities were always in Iraq under a treaty or a contract with the state or contracting for implementation of certain project with the state offices.
2- What meant by representation offices or economic enterprises whatever allowed under this regulation aimed at market study and the possibility of work or production or identification for the products and services or contact facilities its positions and prohibited for practicing any trading act of agents and broker trader.
SECOND : the required period to finish the registration procedures :-
- The approval shall be obtained to register a branch for a foreign company in compliance with the provisions of article (3-second) of above regulation.
The registration procedures take (3) days in case of submitting all documents required for regulation and relating instructions - The approval of his excelleray the minister shall be obtained to register a representations office in conformity with the provisions of article (3-third) of branch of representation offices of foreign companies and economic corporations regulation No.(5) of 1989 .