Navigating Section 330 Company Closures Correctly Under the Botswana Companies Act

Are you closing your company the right way?

Section 330 of the Companies Act provides that a company is removed from the register when the Registrar records its removal—bringing its legal existence to an end.

In practice, removal can arise in a few different ways:

  • Where it has ceased trading
  • Being liquidated
  • Amalgamated
  • Applies for voluntary deregistration

🔹 The Registrar must issue notice and allow time for objections from creditors, shareholders, or other interested parties
🔹 Once removed, the company is dissolved and cannot continue trading—doing so may result in penalties, and its name cannot be reused for 5 years

🔹In some cases, companies are automatically removed due to non-filing of annual returns—typically where the company is dormant with no assets, liabilities, or activity.

Why this matters:
Removal does not automatically erase past obligations. Directors, shareholders, and other parties may still remain liable for actions taken before deregistration.

Practical insight:
While automatic strike-off may be suitable for dormant companies, it is not a structured exit. Where possible, voluntary deregistration or proper liquidation provides a cleaner and more compliant closure.

Final thought:
Are you choosing the right approach for your company—or just the easiest one?

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