South Sudan Debt Collection – No Win No Fee
Creditreform operates a global specialist International debt collections service. We have local offices and fully approved expert international debt collection agency partners in every country worldwide. All our International debt collection agency partners and offices operate on a No Win No Fee basis charging an agreed commission against monies recovered only.
Main reasons why a local country debt recovery agency is so important rather than trying to recover from the UK are as follows:
The local International Debt collection Partners know:
- The local cultures
- The languages
- The laws
- Are in the same time zones
Herewith details of our debt collection service South Sudan
– Location of Office:
– Number of Staff:
Four (4) lawyers
Two (2) Advocate Trainees
One (1) Secretary
One (1) cleaner
One (1) Security Guard
Total number of employees nine (9).
– How long in the practice:
– Areas of practice:
- Debt collection on behalf of clients;
- Representation of clients before courts in both criminal and civil matters;
- Representation of clients before other authorities such as labour office, government ministries, etc;
- Negotiations on behalf of clients;
- Processing legal documents such as chamber of commerce membership certificate, operation license, tax identification number (TIN), tax clearance certificate, etc, to clients;
- Registration of both national and international companies and NGOs;
- Registration of trade marks and copyrights;
- Doing other legal work.
– Statute of limitation in South Sudan
There is no statute of limitation perse, however, there are some statues such as the Criminal Procedure Act, 2008 under section 47(1) which states that no criminal case shall be initiated with respect to an offense for which the period of limitation has lapsed. Subsection 2 of the same section states that the following offenses shall have uninterrupted period of limitation as follows:
(a) ten years in any offense, the commission of which is punishable with death;
(b) five years, in any offense commission of which is punishable with imprisonment for more than one year;
(c) two years in any other case.
Subjection 3 of the same Section 47 states that the running of limitation shall be interrupted when and if the criminal case is initiated within the period of limitation.
The Civil Procedure Act, 2007 has no provision on limitation period.
– How many company registries in South Sudan for businesses? (i.e. UK just has 1 central registry)
With regard to registries in South Sudan, there is Ministry of Justice and Constitution Affairs having Department of Business Registry responsible for registration of companies and issuing certificate of incorporation or certificate registration to South Sudanese and international companies respectively. It is also responsible for registration of trademarks and copyrights.
Chamber of Commerce do issue chamber of commerce membership certificate to companies. Operation License is being issued by state government of each state to operate within its jurisdiction. Then it is the Ministry of Finance and Planning, Directorate of Taxation which issue Tax Identification Number and Tax Clearance Certificate to companies. Taxes are paid quarterly (after every three months).
As a matter be of practice companies and other entities are required to process a document call stamp approval from Ministry of Interior, Criminal Investigation Department (CID) in order before making stamp.
Non-Governmental Organizations, Societies and Associations are registered by Relief and Rehabilitation Commission (RRC) in accordance with provisions of Non-Governmental Act, 2016. Before RRC was established, Ministry of Justice and Constitutional Affairs used to register both companies and NGOs.
Churches are registered with Office of the President, Bureau for Religious Affairs.
When I say South Sudanese company I mean company which it’s first registration is done in South Sudan and when I say international company I mean company which was first registered in a foreign country but want register or has registered a branch in South Sudan.
It is a legal requirement for any company with a foreigner as a shareholder to have a South Sudanese partner with 31% share in the company. It is also a legal requirement that companies should not have less than two shareholders. Photocopies of valid identity documents of the shareholders is required to be attached to memorandum and articles of association of companies and each shareholder sign against his or her name. The Companies Act, 2012 allows a company to be a shareholder in another company.
For an international company to register a branch in South it must bring the following documents:
- Authenticated copy of power of attorney to a person authorized to follow registration process in South Sudan;
- Authenticated copy of resolution of board of directors of the company to register a branch in South Sudan;
- Authenticated copy of memorandum and articles of association of the company;
- Authenticated copy of certificate of incorporation of the company from the country of origin;
- Authenticated copy of tax clearance certificate from country of origin for the last three months;
- Authenticated copy of relevant documents from the country of origin;
- The authentication should be done by Ministry of Foreign Affairs and related institutions such as judiciary in country of origin an by South Sudan Embassy in the country of origin or South Sudan Embassy in neighbouring country but covering country of origin.
- The authenticated documents should then be send to South Sudan. After the documents arrive South Sudan, the documents should then be taken to Embassy of country of origin in South Sudan for re-authentication by followed by re-authentication by South Sudan Ministry of Foreign Affairs.
- After re-authentication, the documents should then be taken to Ministry of Justice and Constitutional Affairs for registration of the company and the company can then be issued certificate of registration.
- The law requires that the registration process of companies and NGOs should be done by a registered lawyer in South Sudan.
- The registration fees for international companies is United States Dollars Twenty Thousand ($ 20,000.00). The fees is inclusive of Law Firm fees and government fees.
There are many unique requirements to recovering international debts in all countries including South Sudan debt collection services which differ from the UK debt collection agency services and therefore it is very important that cases are handled directly by our expert international debt collection agencies and not from debt collectors UK. This method of international debt collection sets Creditreform aside from the competition who in many cases try and recover debts from a UK debt collector only. Using the local offices and partners enables us to achieve a far greater success rate and our No Win No Fee service together with competitive commission rates against monies recovered only ensures you get the best service.