July-September 2020 1 EDITORIAL TEAM

JULY - SEPTEMBER 2020 ISSUE 22 I VOLUME 22

President Yoweri Museveni signs off the dummy boards at State House Entebbe a�er the official launch of the Security Interest in Movable Property Registry System (SIMPO) & the Na�onal Intellectual Property Policy. Witnessing the signing is Bemanya Twebaze (L) Registrar General, Amb. Francis K. Butagira (2nd L), URSB Newsletter Board Chair URSB, Prof. Ephraim Kamuntu (3rd L), Minister of Jus�ceJuly-September & Cons�tu�onal Affairs, 2020 Hon. Kirunda1 Kivejinja (4th L) 2nd Deputy Prime Minister & Minister without Por�olio. A A TABLE OF CONTENTS

His Excellency President Yoweri Kaguta Museveni (Centre) in a group photo with other stakeholders after the official launch of the National Intellectual Property Policy & the Security Interest in Movable Property Registry System (SIMPO) at State House in Entebbe.

FOREWORD PRESIDENT YOWERI KAGUTA MUSEVENI EDITORIAL TEAM LAUNCHES THE INTELLECTUAL PROPERTY 1 By the Registrar General 2 3 POLICY AND SECURITY INTEREST IN MOVABLE PROPERTY REGISTRY SYSTEM (SIMPO) By Steven Douglas Baryevuga- CORPORATE RESCUE MECHANISMS: URSB Senior Communications & Media WHY COMPREHENSIVE BRAND Relations Officer 7 OFFERS OPEN REMEDIES FOR DISTRESSED 9 NAME PROTECTION IS KEY FOR COMPANIES DURING THE COVID 19 PERIOD SUCCESSFUL BUSINESS GROWTH By Nalubowa Martha Birungi ,Registration By Birungi Denis- Legal officer, Legal URSB IN PICTURES & Compliance Officer, Directorate of Advisory Services Unit 8 Insolvency / Receivership

COVID-19 IMPACTS; THE REMOTE GETTING MARRIED IN THE NEW NORMAL WHO REALLY CONTROLS A COMPANY? 14 WORKFORCE & WHY IT MATTERS PLUS 16 GETS EASIER WITH URSB’S ALL-DIGITAL- 18 THE CONCEPT OF BENEFICIAL HOW TO MANAGE THE TRANSITION ALL-ONLINE MODEL OWNERSHIP. By Faisal Kiweewa-PSO/Human Resources Kalibbala Nyanja Phillip –Senior Daniel Nasasira, Registration Officer - Office with additional excerpts from Google. Registration Officer URSB Mbale Regional Office

PARTNERSHIPS; URSB’S MOU AGREEMENTS URSB’S ANTI CORRUPTION STRATEGY: 20 PAVE WAY FOR ENHANCED COLLABORATIONS 22 EMBRACING ETHICS IN SERVICE DELIVERY AND VALUE ADDITION TO SERVICES DELIVERY By Carolynn Nazziwa, Senior Registration By Steven Douglas Baryevuga- Senior Officer-Compliance and Enforcement Unit Communications & Media Relations Officer 2 July-SeptemberApril-June 2020 2020 URSB Newsletter FOREWORD By the Registrar General

s the team leader of an organization that has for years helped the businesses and individuals navigate sustainability challenges, I am often asked how companies should prepare in order not to be susceptible to shocks from incidences like loss of revenue and a possibility of winding up. Most organizations would admit that their risk-management processes or luck of left them underprepared for the impacts of this pandemic. The truth is that we are some of those few institutions who were already well on the path to truly integrating Asustainability into how we deliver services, a feat that helped us easily adapt most rapidly to the new normal. We have also since focused prioritization on the critical roles necessary for uninterrupted services delivery. As we wrestle with the COVID-19 crisis that means that some of our staff continue to work remotely, our business continuity model has been fully integrated, having been planned earlier in our Strategic Development Plan that spelled out that all URSB services would all be online under the All-digital-All-online by 2020 strategy. The advent of the pandemic necessitated the deployment of this strategy in order to safeguard our staff and clients in line with the social distancing rules. I am glad that even under the dire circumstances, we have been able to offer our clients services with minimal disruptions. A greater understanding of the interconnectedness of innovation, creativity, arts, access to affordable capital, social and economic systems – and how they impact business – is essential. To further support this, cabinet passed the National Intellectual Property Policy (NIPP) while the Security Interest in Movable Property Act 2019 (SIMPA) was deliberated in Parliament and assented to by the His Excellency the President. As such, creators, artists, innovators now have protection to explore the full potential of their talent using the NIPP, while businesses struggling with lack of access to affordable capital can now use their movable property to access affordable credit through the Security Interest in Movable Property Registry System (SIMPO). These two very important services were officially launched by His Excellency, President Yoweri Kaguta Museveni at State House, Entebbe on 23rd September, 2020. We thank the President for agreeing to kick-start the full operation of these services. We also appreciate the efforts the Rt.Hon Prime Minister our entire board led by Board Chair Ambassador Francis Butagira, the Minister of Justice & Constitutional Affairs Prof. Ephraim Kamuntu, Cabinet, Parliament, Development Partners, Justice, Law & Order Society (JLOS) and our staff who worked tirelessly to ensure that our mandate is strengthened with additional services in order to offer our clients more capacity to increase their household incomes while creating jobs. On another positive note, URSB was recognized by the European Union Intellectual Property Office (EUIPO) as Africa’s first Intellectual Property Office to join the TMclass and DesignClass classification category. TMclass offers users the opportunity to search and translate goods and services to and from any of the 44 languages available, while the DesignClass enables search and translation of product indications in 28 languages. The EU trade mark classificationApril-June 2020 is a vital tool to support Ugandan enterprises doing business internationally and in the European Union. The system will enable full automation of the front office in a more interactive way that equips the client with the ability Our all-digital-all- to input information and data remotely from anywhere thus delivering improved client service and accessibility, especially in the era of the COVID-19 pandemic online by 2020 that has necessitated re-thinking of service delivery platforms. strategy helped As the pandemic continues to be managed with the continuous guidance of shape our business Ministry of Health, we have had to rapidly and thoughtfully transform all our ways of work and, in many cases, supported our clients to do the same. This, continuity model in turn, will build our organizational resilience to navigate the challenges ahead and reimagine the future. Post-pandemic life has to bring with it a new world – during Covid. socially, economically and environmentally. We have ably prepared for this new normal. Bemanya Twebaze URSB Newsletter July-September 2020 1 EDITORIAL TEAM

Bemanya Twebaze Team Leader

Nangobi Provia- Baryevuga Steven Twebaze Honorata- Head Editorial Team Douglas- Writer & Editor Content Manager

2 July-September 2020 URSB Newsletter PRESIDENT YOWERI KAGUTA MUSEVENI LAUNCHES THE INTELLECTUAL PROPERTY POLICY AND SECURITY INTEREST IN MOVABLE PROPERTY REGISTRY SYSTEM (SIMPO)

By Steven Douglas Baryevuga- Senior Communications & Media Relations Officer

the Registrar General, Bemanya Constitutional Affairs directed Twebaze, stakeholders from a the Registrar General, Uganda cross section of Ministries, Registration Services Bureau which Departments and Agencies is the National Intellectual Property (MDAs) involved in the Office to formulate a National intellectual property Intellectual Property Policy to value chain and the integrate Intellectual Property in financial services sector, national development plans and representative from the priorities. private sector, as well as Development Partners were also in Government committed under attendance. the Vision 2040 and the Second National Development Plan 2015/16 Background – 2019/20, that it would develop a movable collateral registry as On 18th April 2013, the President a way of reducing default rates launched Vision 2040 with the and increasing the pool of new mission for “A Transformed borrowers. URSB took an important Ugandan Society from a step to address the prevalent Peasant to a Modern and problem of the high cost of credit Prosperous Country within 30 in Uganda by reforming the law years”. Following the launch, governing movable asset-based the Minister of Justice and financing, and establishing SIMPO. is Excellency, President Yoweri Kaguta Museveni on 23rd September, 2020 launched the National HIntellectual Property Policy and the Security Interest in Movable Property Registry System (SIMPO) at State House, Entebbe, with the major aim of creating unlimited possibilities for innovation and credit access. The delegation to State House was led by the Minister of Justice & Constitutional Affairs Prof. Ephraim Kamuntu, Uganda Registration Services Bureau Board Chair, Ambassador Francis Butagira,

URSB Newsletter July-September 2020 3 Opportunities for all pillars for sustainable development. Ministry of Justice & Constitutional The Policy goals are: Affairs, Ministry of Science, The National Intellectual Property Technology & Innovation, Ministry Policy’s objective is to stimulate and a. To establish appropriate IP of Trade, Industry & Cooperatives, nurture innovation and creativity infrastructure that supports Ministry of Agriculture, Animal for socioeconomic development. innovation and creativity Industry & Fisheries, Ministry of The policy will also facilitate the b. To develop human capital for Health, Ministry of Gender, Labour integration of Intellectual Property the IP value chain; & Social Development, Ministry of into national priority sectors and and ICT and National Guidance, Ministry programs towards the realization of of Energy & Mineral Development, national development goals. c. To enhance the utilization of Ministry of Foreign Affairs, Ministry the IP system. of Internal Affairs, Ministry of SIMPO replaced the manual Chattels Education & Sports, Ministry of Securities Registry whose attendant Purpose of the policy Water & Environment, Ministry legal framework responds to the of Finance, Planning & Economic pressing needs of the youth, women The purpose of the IP Policy is to Development. A National Task Force and SMEs who cannot access provide direction and interventions has been constituted by the Office affordable credit due to lack of land, that will enable IP stakeholders to of the Prime Minister to oversee the which is the preferred collateral work towards creating, protecting implementation of the Policy. for financial institutions. SIMPO and commercially exploiting is also intended to drive financial innovations and creative works. While delivering his remarks at inclusion through facilitating access The purpose of the intellectual the launch, the Hon. Minister for to affordable credit as guided by property system is to protect the Justice and Constitutional Affairs Vision 2040, the Third National value inherent in our creative and Prof. Ephraim Kamuntu noted Development Plan 2020-2025, and inventive activities. Creativity and that ‘Uganda had one of the best the 2016 – 2021 NRM Manifesto. inventiveness are natural human legislative laws of Intellectual endeavors. Property in Africa.’ He applauded About the National IP Policy innovators for consistency in Implementing Agencies The vision of the IP Policy is: ‘A supporting the creative industry Uganda where innovation and The implementation of the through the innovations that were creativity stimulate sustainable strategies of the IP Policy will be on the market. He noted that the IP development, and the Mission is: ‘to multi sectoral and involves a number ecosystem had the ability to grow create a robust IP value chain that of Ministries, Departments and the small scale industry in Uganda. fosters innovation and creativity as Agencies. These agencies include

The Minister of Justice & Constitutional Affairs, Prof. Ephraim Kamuntu delivers his speech at the launch

4 July-September 2020 URSB Newsletter Opportunities during COVID-19 While delivering his remarks, Mr. Bemanya Twebaze noted that, the pandemic had ‘demonstrated the durability of the Real Economy’. He further noted that ‘start-up businesses had sprung up to manufacture sanitizers, masks and other protective equipment. Researchers and scientists such as Prof. Bazeyo at Makerere University have designed and manufactured medical ventilators and all this has been powered by intellectual property’. During the pandemic so far wehave registered 27 patents and designs providing COVID-19 solutions for the public.

The Registrar General, Bemanya Twebaze delivers his remarks while the President and guests listen in at State House. About the Security Interest in Movable Property Registry System The NDP II 2015/16-2019/20 identified limited access to credit as one of the major challenges to Doing Business in Uganda. It is also public knowledge that lenders prefer the use of immovable property over movable property as collateral for money advanced/loans, mainly due to the risks associated with movable property. URSB spearheaded the enactment of the Security Interest in Movable Property Act of 2019. The purpose of the law is to encourage lending against movable property such as crops, bicycles, vehicles, intellectual property assets, among others. The Act established the Security Interest in Movable Property Registry SIMPO is a web- (SIMPO) which we are launching today. based registry During the address by H.E the President, he emphasized the importance of lending to the public using movable assets such as herd of cattle. H.E the President pledged which contains Governments commitment to address the issue of high lending rates amongst registered security financial providers. interests in SIMPO is a web-based registry which contains registered security interests in movable properties. It is accessible 24 hours a day and 7 days a week on movable properties simpo.ursb.go.ug Registrations are done by authorized creditors like banks, microfinance institutions, SACCOs and moneylenders, or their representatives, and the information entered is available to the general public for searches using the prescribed criteria.

URSB Newsletter July-September 2020 5 The purpose of the SIMPO Registry is to promote financial own. This can come in handy when accessing credit inclusion and increase access to credit for women, youth, or even making investment decisions. With these and micro, small and medium businesses that do not benefits, interest rates are expected to lower given have fixed assets such as land that is usually the required the decreased risk associated with lending over collateral by traditional lending institutions. movable property as facilitated by the SIMPA. Empirical data from Uganda’s MSME Policy of 2015 SIMPO milestones so far reveals that the private sector in Uganda is dominated by about 1.1 million MSMEs and altogether these MSMEs The performance of SIMPO which was rolled out to the employ approximately 2.5 million people. However, by public in September 2019 is impressive. Within a year of and large, access and the cost of finance undermine its establishment the following have been registered: their survival and development, thereby limiting their Over 4,000 registrations have been made on the system potential to deliver inclusive growth and jobs for many and the most commonly used assets to secure loans are Ugandans. motor vehicles and motorcycles (boda bodas). These SIMPO comes in to spur MSME growth and survival account for most of the property owned and pledged by beyond their third birthday, by helping lenders to manage borrowers including MSMEs; the lending risks through instant registration of their The majority of loans (for which the securities are security interests. registered in SIMPO) were given to the transport, Benefits of the Registry agriculture, wholesale and retail, accommodation and food industry, arts, education, real estate, and health This registry presents immense benefits to the lenders sectors; through boosting their confidence while lending over movable property; 75 financial and non-financial institutions have signed up as users on SIMPO. These include commercial banks, a) By registration of the security interest in SIMPO, the microfinance institutions, licensed money lenders, and whole public is notified about the lender’s interest. SACCOs; This gives the lender confidence that the money advanced will most likely be repaid and if There are 576 women out of the total 4198 borrowers not that the law will offer protection. It also curbs that have been able to access credit through SIMPO; the practice of multiple borrowing that is prevalent The information in SIMPO also shows that the credit in our society. needs of micro, small and medium enterprises are slowly beginning to be addressed by lenders. 86 MSMEs out of b) To the borrowers it gives one confidence and comfort in knowing that the asset pledged as the total 4198 borrowers were able to access loans. security is under the protection of the law and will not be fraudulently acquired by a lender as it is in Way forward post-launch some unfortunate cases. The loan processing time 1. URSB through the Ministry of Justice and is significantly reduced as registration of an interest Constitutional Affairs is engaging implementing is remotely accessed and an instant action. partners in the National IP Policy to activate the implementation of the IP Policy c) To the general public, buyers of used goods are advised to search the registry prior to buying a 2. Engagement of regulators of Commercial Banks, movable asset to ascertain that there are no pending Microfinance Institutions & Money Lenders to third party interests from a certain lender. They also consider extending credit using movable property generally need to be armed with knowledge on how they can generate value from assets that they

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STEP B Register Notice of Security Interest Provide Loan/Credit Information MR.BEMANYA TWEBAZE / Registrar General Details of Secured Lender/Creditor Welcome to the Security Interest in Movable Property Registry. Details of Grantor/Debtor Details of Collateral Establishment of this Registry has been at the heart of URSB’s work as we look at providing a solu�on to the many people and businesses that are in need of aﬀordable credit. The registry is a STEP fully electronic pla�orm open to both secured creditors and borrowers. It will provide informa�on THE ABC OF SIMPRS C Conduct A Search on encumbrances of movable property of borrowers. Secured creditors will be able to access the Search Using Grantor’s NIN/Passport No/Business data base online. Registra�on no�ﬁes the public of the secured interest in the movable asset. Registration No/Name Search Using Collateeral Serial Number Read more General Search Report

OVERVIEW OF THE REGISTRY 6 The Security Inerest in Movable Property Registry System (SIMPRS) at Uganda Registra�on Services Bureau is established under the Security Interest in Movable Property Act of 2019. This Law allows Micro, Small and July-SeptemberMedium Enterprises 2020 as well as individuals whose major constraint to economic growth is lack of aﬀordable credit, to use their movable assets as collateral for loans. The SIMPRS has been developed in fulﬁllmentURSB of Newsletter Government of Uganda’s Objec�ve in the Second Na�onal Development Plan 2015/16 - 2019/20 of reducing interest rates, decreasing default rates and increasing the pool of new borrowers. Read more

CONTACT INFORMATION hone 2 000 Call Center 2 00 Email: [email protected] Uganda Registra�on Services Bureau a 2 20 2 Toll ree 000 00 00 Plot 5 George Street, Georgian House, P.O. Box 6848 Kampala Uganda hatsapp 2 2

© 2019 All rights reserved, uganda Registra�on Services Bureau. Powered by CORPORATE RESCUE MECHANISMS: URSB OFFERS OPEN REMEDIES FOR DISTRESSED COMPANIES DURING THE COVID 19 PERIOD By Nalubowa Martha Birungi ,Registration & Compliance Officer, Directorate of Insolvency / Receivership

ganda confirmed the first case of COVID 19 in March 2020. Since then, the pandemic has drastically changed peoples’ social lives, health, education system, political system, and businesses. Uganda’s economic outlook is not rosy. The Ulimited international trade, unemployment that has been created by employee lay-off, low industrial production, low tax revenue collection, drastic closure of businesses triggered by the pandemic has inevitably shaken Uganda’s economy. The preventive measures to contain the spread of the COVID 19 Pandemic in the country as announced by H.E the President of Uganda in March 2020 included; total country lock down, social distancing rules of up to 2-metres apart, night time curfew hours, border and transport restrictions, closure of working premises for companies, and then the quarantine for those tested positive. The measures helped to greatly contain the spread of the pandemic. The effects of COVID-19 have negatively affected business progress as witnessed by the layoffs and closure of some businesses. Corporate rescue needed Businesses and companies responsively halted operations, halted unnecessary operating expenses, downsized their employees rendering them jobless, and borrowed more money to increase liquidity, which action have led to insolvency and need serious attention.

URSB Newsletter July-September 2020 7 Much as closure of a company and respective debts. The company company undergoes administration business in some circumstances then petitions court for the grant of successfully, the company continues is inevitable, watching dreams an interim protective order which to trade and operate in the economy and efforts go down the drain is ring-fences all the company’s assets as a going concern. In instances unbearable especially where the against creditors’ recovery actions. where the company administration company can be given opportunity is unsuccessful, the company to thrive through formal corporate The appointed provisional commences liquidation process. rescue mechanisms. administrator assumes duty to prepare and present the Administration preserves jobs, The question therefore that arises settlement proposal for approval promotes rehabilitation for the is whether, drastic closure and troubled companies, protects informal liquidation of companies Corporate rescue interests of the stakeholders and and businesses would be the best the economy at large. Further, option, yet our legal framework mechanisms under administration gives the company provides for corporate rescue the insolvency breathing space during which the mechanisms to breathe life back to laws of Uganda administrator performs corporate these many financially ailing and rescue duties. During administration, distressed businesses. are an alternative creditors are prohibited from to liquidation that initiating legal and alternative Corporate rescue mechanisms insolvency proceedings against the under the insolvency laws of Uganda keep financially company. are an alternative to liquidation distressed that keep financially distressed Although, the COVID 19 companies afloat to avert their companies afloat Pandemic has negatively eventual failure. Corporate rescue impacted businesses and mechanisms are therefore strategic, formal rescue approaches and if companies,its impact can be applied to distressed and financially mitigated by businesses and companies through corporate ailing companies aims at achieving by the creditors. Where the its preservation and sustenance creditors approve the settlement rescue mechanisms offered after difficult times. proposal, an administration deed is by URSB’s Insolvency and executed by the company and the liquidation services. Drastic Insolvency laws in practice administrator. The administration decisions to close may not be Under the Ugandan insolvency laws, process then commences once the viable, especially if informally corporate rescue entails; administration deed is executed and conducted out of panic, yet the Administrator appointed by the businesses can be granted the • Provisional administration, administration deed takes over the management and control of the opportunity to float and thrive • Administration and voluntary in their difficult times through corporate arrangement. company with a view to return it to profitability. formal mechanisms. Provisional administration includes the formal processes where Administration deeds save a provisional administrator or businesses administrator who is required to be an insolvency practitioner is The administrator is required to appointed by the company/ its implement the administration creditors/ court to manage the deed, make periodic progress distressed company for an agreed reports on receipts, expenditures, period, with an arrangement on how company assets status, and creditor to settle creditors and fulfil company settlement status. By this far, the duties owed to other stakeholders funds to run the company during during its difficult time. administration are derived from the usual sources it was deriving its Provisional administration is revenue before the administration. commenced by a company special resolution that proposes to the Administration can be terminated creditors, the need to enter a by the creditors, or administrator, settlement in order to cover their or liquidation process to wind up the company. Where the

8 July-September 2020 URSB Newsletter WHY COMPREHENSIVE BRAND NAME PROTECTION IS KEY FOR SUCCESSFUL BUSINESS GROWTH

By Birungi Denis- Legal officer, Legal Advisory Services Unit

ganda has for years been business to formalize. The message regional brands. Most of these voted among the most has been picked up and multitudes companies go ahead to register entrepreneurial nations on of these formerly informal business their brand name as trademarks so earth by business related are now registering legally. At as to achieve total protection. Ustudies. It is estimated that every the point of registration, some of 4 out of 10 adult Ugandans owns a these businesses proposed names The business and its name business. The businesses though, have been their biggest undoing First, it is important to note that are mostly informal. Uganda seeing that they are not legible for there are different laws that govern Registration Services Bureau has registration for various reasons registration of company and business carried out massive sensitization When registering a business, clients names (Companies Act 2012, and campaigns to encourage these small are required to propose names for Business Names Registration Act, Uganda Registration reservation, which must pass the 1918) from those that govern Services Bureau has legal test for reservation of company trademarks (Trademarks Act, 2010). or business name as the case may The principles applicable to the carried out massive be. The choice of a name can make two processes are different. For sensitization campaigns or break a business. One can build companies, the basis for rejection of to encourage these small an international brand because of a a name is whether, in the opinion of businesses to formalize. good business name. the registrar it is undesirable, while for a business name, the basis is In Uganda, companies such as Movit whether it is misleading. Cosmetics and Mukwano Group of Companies, have made their names

URSB Newsletter July-September 2020 9 The Companies Act and Business names registration Act If one anticipates building a successful business using the give the Registrar wide discretion to determine what may company or business name as a brand, it is not enough be undesirable or misleading, having regard to a range of to register a company or a business name. It is advisable factors. This discretion, though wide, should be exercised that after registering your company or business name, judiciously. The Registrar should have justifiable reasons you proceed to register it as a trademark at URSB’s for refusing to reserve a name. These may include among Directorate of Intellectual Property. others, similarity to an already registered trademark, similarity to a notorious brand, the name implies the Failure to register your brand business or company name patronage of Government, similarity with an agency of will expose you to the risk of other people registering your Government or foreign international organisation, where business name as a trademark either innocently or in bad the name is vulgar or where the public may perceive the faith. It is therefore recommended that after registering company as an agency of Government. your brand company or business name, you act swiftly to register it as a trademark. Any delay could give others Getting the business name right an opportunity to do so before you, and consequently prevent you from trademarking your preferred brand While a registrar of companies or business names may name. reject a name on grounds of similarity with a registered trademark, in some situations it may not be possible for the registrar of trademarks to reject a name on grounds of similarity with a registered company due to the following reasons; First, the test for a trademark is capacity to distinguish goods or services of one undertaking from those of other undertakings. Second, under section 5 of the Trademark Act 2010, trademark applications are rejected on grounds that the suggested mark is similar to an existing registered trademark. Third, the applicant may successfully argue concurrent use under section 27 of the Trademarks Act or that distinctiveness is acquired through use (S.4 (2). Therefore, registration of a company or business name alone does not guarantee total protection to your brand name. A different person can successfully register it as a trademark, and the trademark office will not reject it on grounds that the name is similar to a registered company because the legal test are different.

Pure Natural Mineral water

10 July-September 2020 URSB Newsletter THE UGANDA BUSINESS FACILITATION CENTRE WHICH WILL HOUSE URSB, CAPITAL MARKETS AUTHORITY AND UGANDA INVESTMENT AUTHORITY. The 12 Floor facility is funded by the Government of Uganda and the World Bank under the Private Sector Foundation of Uganda

URSB Newsletter July-September 2020 11 URSB IN PICTURES

Registrar General, Bemanya Twebaze (right) guides the Chairperson of the Uganda Law Reform Commission, Dr. Pamela Tibihikirra-Kalyegira and other members around the URSB Resource Centre. The Uganda Law Reform Commission donated an assortment of law material to URSB.

URSB Board Chair, Ambassador Francis K. Butagira (3rd L) & Registrar General Bemanya Twebaze (2nd R) lead the team during the Board's visit to assess progress of construction works at the Uganda Business Facilitation Centre that will house the Headquarters of URSB and other sister agencies.

Registrar General, Bemanya Twebaze (L) exchanges partnership documents with H.E Attilio Pacifici, Head of the European delegation in Uganda after signing of a working MoU on behalf of the European Union Intellectual Property Organisation.

Dr. Pamela Tibihikirra-Kalyegira, the Chairperson of the Uganda Law Reform Commission (centre), Registrar General, Bemanya Twebaze (3rd left) pose for a group photo with members from both entities at the URSB Headquarters in Kampala.

12 July-September 2020 URSB Newsletter Registrar General, Bemanya Twebaze exchanges documents with Edith Namugga Tusuubira, the Executive Director of the Uganda Microfinance Regulatory Authority (UMRA) after signing of a partnership agreement that will see both entities share information to enhance service delivery for the microfinance sector.

Mercy Kainobwisho, Director Intellectual Property (2nd left) poses for a group photo with the incoming executive of the Uganda Performing RightSociety (UPRS), a collective management organization regulated by URSB.

Lillian Abalo, a Business Registration Officer addresses clients during a sensitization seminar for small business owners in Mukono Town.

URSB Newsletter July-September 2020 13 COVID-19 IMPACTS; THE REMOTE WORKFORCE & WHY IT MATTERS PLUS HOW TO MANAGE THE TRANSITION

By Faisal Kiweewa-PSO/Human Resources Office with additional excerpts from Google.

he Covid 19 pandemic is must-have. Remote workers or and support their teams. Thankfully, unprecedented and has telecommuters do their work it’s been done before. These changed the face of the outside the office, working from actionable insights on how to build workforce, something home, co-working spaces, coffee and scale the workforce can get the Tthat nobody was prepared for shops, and more. They no longer team a head start. The remote team or expected. The advent of the limit themselves to a typical office will appreciate the efforts support pandemic has led to the evolution space. and guidance to become even more of the employee. The future successful. employee will now have to work The new normal sets in from anywhere with any device. Actionable tips to manage a Work is now focused on outputs, remote workforce sharing information while relying Having a remote workforce therefore on collaboration technologies. It’s affords numerous competitive also focused on adaptive learning, advantages. Employees gain more Managing a remote workforce has democratized learning and teaching autonomy. Employers/ organizations challenges, but many companies with no gatherings. grant more trust. And there are and organizations have been leading some incredible gains to be had by their remote teams for many years. In these scenarios, where external going all-in on working from home. Check out these tried-and-true factors and global events sometimes strategies to set your teams up for make it impossible for employees But it takes serious effort to be success. to get to work, new modalities of successful. It needs the management ensuring less disruption to work team to grow into more significant Equip your remote team with the processes have to be devised. leadership roles. They need to adapt right tools A remote workforce is now a to the new tools of the trade to listen

14 July-September 2020 URSB Newsletter It’s important to check-in with your team regularly. These check-ins are important for many reasons like provision of structure, accountability – Make sure your teams feel valued for their contributions and ability to get things done. Establish team roles & responsibilities When you are not all working together, the lines on roles can get blurry. Make sure to establish clear roles and Equipping your team with remote an office setting. There’s incredible responsibilities right away.This office phone system, email, and a value in the casual discussions practice starts with well-defined job laptop is just the beginning. The typically had in hallways, cafeterias, descriptions, so individuals know right technology can make all the and open offices. When working their responsibilities. difference. On the most basic level, remotely, employees miss out on they will need hardware like laptops, impromptu communication, which Set clear deadlines & KPIs smartphones, and other devices to is vital. allow them do their work anywhere. Sometimes, the work done at home However, that’s not the end of the It’s up to you to create both formal can be less noticeable to others. story. You should equip your team and informal communication How can you make sure you are with an essential telecommuting opportunities. It’s a good idea to making a difference? technology toolkit. talk with them even more than you would in the office. If you don’t Ensure work-life balance through Sticking to a work schedule – Communication tools communicate well, you won’t be on the same page. Plus, you won’t Don’t forget that includes lunch Give staff tools to help them stay in know if your employees are going in and breaks; Manage time with touch with managers, co-workers the wrong direction. technology – Manage your team and clients. At a practical level, this presence to indicate when you’re means giving them an email, phone Use the following methods unavailable. service, and flexible call forwarding to maintain strong team Rotation of teams; There are duties they can access from anywhere. communication: that can’t be performed from home, Collaboration tools • Email – Follow-up and and therefore it is always vital to document commitments and rotate those teams whose roles can Make sure your team can work big ideas using email. only be performed while at office. together even when they’re apart. • Video Calls – Consider using Use video conferencing technology Provide face-to-face time where video to add personality to to hold meetings. possible;Video can be new for your existing live calls. some people to embrace. Consider only using video when it helps the Security tools • Texts Messaging – Obtain conversation. Turn the video off if quick answers to questions Protect your communications and it becomes a distraction to the core throughout the day. data with security tools. Protect talking points. calls with encryption technology. • Live Chats – Send a note if Solicit feedback from team members Use password management apps to you’re running late to a meeting frequently; It is a good idea to manage credentials and access. or a thank-you message to your get frequent feedback no matter team. Over-communicate with where your team resides. With a remote workers Conduct regular check-ins with team remote workforce, obtaining candid members feedback is even more critical. You We often take for granted the could miss out on early signals when natural conversations that happen in things are off track.

URSB Newsletter July-September 2020 15 GETTING MARRIED IN THE NEW NORMAL GETS EASIER WITH URSB’S ALL-DIGITAL-ALL-ONLINE MODEL

Kalibbala Nyanja Phillip – Senior Registration Officer – Directorate of Civil Registration

he setting in of the COVID-19 on the world, including Uganda. ICT savvy and also have limitations pandemic set the ball rolling accruing from many other for full implementation of URSB has done all it can within circumstances. The results of the adoptive models of service the challenging circumstances to move have had many other clients Tdelivery that would ensure that remain a focused and customer heaping praise on the now ‘easy to clients still get services, albeit under centric Government agency through use remotely’ system and have sent a different model. Many of us have efficient service delivery. In March, in praise for the thoughtful approach. by now noticed the new approach to Government shut down non- There is still some resistance though. service delivery adopted by Uganda essential services to control the Registration Services Bureau(URSB) spread of the pandemic and URSB Over the months, clients have shifted since the COVID-19 pandemic took was no exception. This provided from rebelling to embracing the new an opportune moment for URSB to system. The big question is, how did URSB has done all it can unveil the long-planned All-digital, this arise? Many clients thought All-online service model announced that URSB sought to complicate within the challenging that saw all services shifted online. registration processes. This in itself circumstances to remain would be ironic considering that a focused and customer Online services take centre the organisation collects revenues Government agency through stage from these services on behalf of �overnment and as such desires to efficient service delivery. This intentional online approach make all processes ‘client-friendly’. has posed debilitating challenges especially to Ugandans primarily Government instituted policies because we are a society that is not promoting the use of ICT to

16 July-September 2020 URSB Newsletter stop much human contact while all required documentation and (c) Scan required documents into delivering uninterrupted services. send to the same email. URSB one pdf The advent of the COVID-19 staff may make assessment for the pandemic made the transition client on submission although it is (d) Make payments after making inevitable. ICT will make systems encouraged that a client makes their assessment accurately using the efficient, data easily retrievable assessment if they can to avoid the URA portal/ and widely accessible and increase inconvenience of back and forth. We (e) Upload and send all documents accountability of public officers to have had feedback since the roll out to [email protected] society that they serve. of this new strategy. (f) Confirm that your submission Marriages still attended to has been delivered by receiving Given the coincidence of an acknowledgement email Given the sensitivity of the the COVID-19 emergency, directorate of civil registration, (g) In case of any inquiries, use the priority was given to ensure that fast the system protects all from same email. adoption to this enhanced services exposure to risk by reducing Welcome to the new normal friends! model occurs. There was need to human contact. save the marriages of people who had applied for marriage officiation earlier and to enable churches and mosques use online platforms for urgent matters. The directorate then created a faster way of ensuring At URSB, we believe this new those intending to get married approach is beneficial to everyone are served. An email was set up, due to accountabilities it presents [email protected] where all efficient advantages for our clients. communication is directed. URSB is keen on implementing the vision 2040 strategy, which requires A client for a civil marriage or single all public systems to adopt ICT in status letter will have to visit the order to enable our country become website www.usrb.go.ug and go globally competitive. straight to services, and then to civil registration. All the requirements Given the coincidence of the of a civil marriage application COVID-19 emergency, the system are there; the Notice of marriage protects all from exposure to risk by and the affidavits. The applicant reducing human contact. People can needs to complete the notice of physically appear at the wedding marriage by filling all the fields, premises when called upon. Since affix passport photos of the couple, resumption of work with the partial write their contacts and signatures. lifting of the lockdown in May, over Affidavits have to be adopted to the 200 marriages have been processed circumstances of the parties and and successfully completed. This sworn before a Commissioner for system has already proved hugely Oaths. Further documents required advantageous to our diaspora clients are an LC letter for Kampala and whose placement leaves them at National IDs of all the parties. Once the mercy of online processes since the documents are complete, the they are not physically available. applicant then scans them to pdf as one document and sends the Summary of marriage application document to the marriage email process; given above. (a) Identify the service you The same will be done with single want from the directorate of civil status letters. Our duty bearers registration by visiting the website who register Church, Islamic and www.usrb.go.ug Customary marriages also use (b) Fill the documents of desired the same process. They can scan service

URSB Newsletter July-September 2020 17 WHO REALLY CONTROLS A COMPANY? THE CONCEPT OF BENEFICIAL OWNERSHIP. Daniel Nasasira, Registration Officer - URSB Mbale Regional Office

he setup of companies who ultimately or indirectly owns or legal person other than an individual means that they are legal controls a majority of a company’s and who exercises control over entities whose operations shares or voting rights, or who the management and policies of a must be legally binding. The otherwise exercises control over legal person or legal arrangement, Tlegal regime is currently evolving the company or its management. A directly or indirectly whether towards the need for corporate beneficial owner will own assets and through ownership or voting entities to disclose who owns and control a company’s management securities, by contract or otherwise. controls its assets. A business once and vision indirectly through a Increasing regulations demand that registered gains corporate status trust, the trustee(s) or anyone who various regulators including financial and enjoys the benefits of being a controls the trust will be registered institutions and the state know who legal person in law capable of owning as the owner. Further, when shares really controls a company. This could and acquiring assets in its name. of a mutual fund are held by a be for money laundering purposes, A beneficial owner is that person custodian bank or when securities investor protection and for security are held by a broker, the true owner purposes. Given the coincidence of is the beneficial owner, even though, the COVID-19 emergency, for safety and convenience, the bank This article discusses why it is or broker holds the title. important for companies to figure the system protects all from out the implications of beneficial exposure to risk by reducing Business ownership and ownership and how they can achieve human contact. the law transparency more easily. Assessing beneficial ownership is not The Income Tax (Amendment) Act a cup of tea I must say, but the effort of 2019 defines “beneficial owner” of understanding what it means is to mean a natural person who owns far more rewarding than the cons or has a controlling interest over a

18 July-September 2020 URSB Newsletter of sidelining or undermining its institutions. Making agreements effect on a company’s reputation It is important to provide entered into between legal persons and compliance record. The effort of measures that can be and beneficial owners sufficiently finding out who a beneficial owner is adopted to prevent the transparent is also a possible could be a difficult task considering misuse of the beneficial remedy. Ensuring that accurate that they often do not wish to be and up-to-date basic and beneficial known and cement this with signing ownership concept ownership information is available non-disclosure agreements and especially for criminal to competent authorities in a timely enforcing confidentiality clauses in purposes. fashion should also be a plausible contracts. idea. It is important to note that not Recourse could also be given to everyone wants to be identified as the Fourth European Union Money the beneficial owner. Many criminals beneficial owners. All the above show Laundering Directive which is will deliberately use corporate why it is important for regulators intended to curb money laundering, entities to hide their identity. In such to understand what this concept tax evasion and terrorist financing circumstances, the true purpose of known as, ‘beneficial ownership,’ through beneficial ownership. such a company account and the means and its implications. source or use of funds or property A register providing data on who of the corporate entity will be Implications of business the ultimate beneficial owners of companies are could also be created associated to the company and its ownership trustees/nominee and not to the by the Uganda Registration Services beneficial owner. A safe way to It is important to provide measures Bureau. Such a register will disclose avoid liability for issues like money that can be adopted to prevent the who the real owners of a company laundering, non-declaration of misuse of the beneficial ownership are. This ultimately ensures assets or tax evasion is simply hiding concept especially for criminal transparency. On whether such a one’s identity. A beneficial owner purposes. Assessing the risks register should be public is debatable can avoid allegations of corruption associated with beneficial owners considering that beneficial owners and bribery tendencies of a and the legal arrangements they usually want some level of privacy. corporate entity since there identity enter into with corporate entities The register should be accessed by as an owner of the company will be and suggesting necessary controls relevant authorities and potential hidden. State sponsored terrorism to mitigate such risks could be a investors that show cause why they activities can also be promoted by way to go especially for financial need the data.

URSB Newsletter July-September 2020 19 PARTNERSHIPS; URSB’S MOU AGREEMENTS PAVE WAY FOR ENHANCED COLLABORATIONS AND VALUE ADDITION TO SERVICES DELIVERY By Steven Douglas Baryevuga- Senior Communications & Media Relations Officer

he last couple of months An MOU is a document that records Intellectual Property Organisation have seen an increase in the the common intent of two or more (EUIPO) represented by the number of memorandum parties where the parties do not European Union Delegation in of understanding (MoU) wish to assume legally binding Uganda. The MoU recognizes URSB Tsignings happening at URSB. obligations. An MOU is usually less as Africa’s first Intellectual Property The MoUs are critical for inter- complex and less detailed than a Office to officially join the TMclass agency collaborations that hasten contract, but provides a framework and DesignClass category. TMclass broader service delivery through and set of principles to guide the offers users the opportunity to concerted efforts. A Memorandum parties in undertaking a project or search and translate goods and of Understanding (MOU) can be working arrangement. services to and from any of the an effective and flexible tool for 44 languages available, while the documenting the common intent Partnership agreements at DesignClass enables search and of two or more government parties URSB translation of product indications or between government and non- in 28 languages. The EU trade mark government parties. In the month of September, the classification is a vital tool to support Registrar General led the URSB Ugandan enterprises doing business team into signing partnership internationally and in the European with the MoU European Union Union. 20 July-September 2020 URSB Newsletter URSB’s bilateral cooperation with the EUIPO will help services of both entities and indicates commitment by in project identification, protection and promotion URSB and UMRA to integrate available microfinance data of Geographical Indications as well as acquisition, and provide timely information through secure channels customisation and deployment of EUIPO’s Front Office that will benefit prospective borrowers and lenders. Tool, Trademark Class and Design Class tools to enhance UMRA had been identified as a strategic stakeholder in filing and classification activities. the successful establishment of the Chattels Registry that is run by URSB. MOUs work Private sector involved MOUs can assist government departments and agencies clarify roles and responsibilities and manage URSB has not only signed working partnerships with just expectations associated with projects and endeavours government agencies. MoUs with a private institutions have also been initiated, especially in circumstances where a service being delivered has a beneficiary entity whose clients patronize URSB services at a large scale. For instance, URSB signed an MoU with Stanbic Bank Limited aimed at providing access to digital platforms by URSB to the bank in order to improve clients’ experience while accessing services of both entities. The MoU would also enable the integration of ICT systems while providing timely digital solutions through secure platforms to commercial banks. Stanbic Bank had been identified as a pilot of the integration and the success of this project. that are to be undertaken with other government Other MoUs signed with the private sector include the parties or non-government parties. Non-binding MOUs one with Financial Sector Deeping Uganda partnership may be terminated without legal consequence in some agreement that focuses on facilitating stakeholder circumstances. This flexibility is considered to be a engagements towards making the URSB’s electronic significant advantage for the agencies involved. MOUs Security Interest in Movable Property Registry System are helpful when two or more government parties (SIMPO) more sustainable in meeting the needs of the wish to collaborate on a particular project or working different stakeholders especially the micro, small & arrangement. medium sized enterprises that grapple with lack of access to loan facilities from financial institutions. There are numerous examples of the appropriate use of MOUs between government agencies. URSB regularly uses MOUs to effectively document the arrangements between themselves and other government agencies in relation to service delivery. An outstanding example is the MOU between URSB and the Uganda Microfinance Regulatory Authority (UMRA) with the purpose of providing joint services aimed at enhancing the sharing of business registration information and creation of awareness on the usage and importance of the Security Interest in Movable Property Registry System (SIMPO). The MoU also enables improved client’s experience while accessing

URSB Newsletter July-September 2020 21 URSB’S ANTI CORRUPTION STRATEGY: EMBRACING ETHICS IN SERVICE DELIVERY By Carolynn Nazziwa, Senior Registration Officer-Compliance and Enforcement Unit

while back, as we passed Over lunch, we reflected on the role Between now and then, so much has by the One Stop Shop – of ethical values and standards in changed, thanks to among others, the Business Facilitation Centre service delivery. We talked about commitment of the leadership and on Floor One, my colleagues how such wonderful stories would staff in restoring public confidence Aand I were amused at an ongoing only be a tale if there was laxity in in URSB as a Government institution. conversation by one of the clients of compliance in the established policies This has been possible through the Bureau. and standards of URSB. Now that embracing ethical values, and this they are being told, they evidently article highlights our anticorruption ‘Can you believe I have my Certificate re-echo the fact that with intentional strategy and how it has played an of registration!’ exclaimed a client compliance to the set ethical values essential part in improving the image into her phone while waving the and standards in service delivery, of URSB to being the best serving Certificate excitedly. Everyone on the customer satisfaction can be institution in the country. stairs caught the excitement as she achieved. ran down. URSB has the mandate to register Our journey business names and companies, ‘Rukia, Rukia! I submitted an online documents, marriages, intellectual business name application upon I am more than certain that the property rights, security interests payment in the bank of Ug shs Uganda Registration Services Bureau in movable property, regulation of 24,000/- zokka n’ebampa certificate (URSB) of 8 years ago and the URSB insolvency matters and also act as yange. Munange tebansabye sente of 2020 would never recognise each the agent of the Uganda Revenue ndala!’ (Loosely translated, ‘Upon other in outlook if they stood closely Authority in the collection of revenue. payment of Ug shs 24,000/= I got in one room or for that matter came my certificate of registration without face to face, and certainly a new client By nature of this mandate, staff being charged an extra penny’). ‘The of URSB would never understand a are predisposed to unethical process was so swift, clean and easy’ conversation of a URSB client of 6 practices just like any other body. she shouted without hiding her awe years ago in terms of staff ethics and Management of any manifestation and surprise until she exited. service delivery. of unethical behaviour is so critical 22 July-September 2020 URSB Newsletter because if not managed well, the The Bureau introduced lean sustain URSB’s achievements in the results usually negatively affect key memorandum and articles of fight against corruption; and set out aspects of the organisation as well association, free assessment the responsibilities of the key players as its overall success in compliance points that have helped in the fight against corruption. requirements, confidence of clients eliminate middlemen in the in the organisation, reputation, and registration process; The strategy is still curved on the credibility. principles of prevention, detection • Through a Memorandum of and punishment. What did URSB do? Understanding with Uganda Police Force, Police Officers In the Strategic Development Plan To nip unethical behavior in the bud, were seconded to the III, URSB will build on the strategies URSB adopted the ‘zero tolerance Enforcement Unit of the Bureau in place to fully implement its new towards corruption’ approach and to aid in enforcing the different strategy. The Bureau commits to put progressively took positive steps in laws under the Bureau’s in place the following interventions, eliminating any perceived corruption administration at the end of the Strategy’s 5 year through prevention, detection and period; punishing any acts of corruption. • Staff training: The Bureau places • Fully automate all business The different policies and systems emphasis on its core values of integrity, accountability, processes under the ‘All digital, that were put in place and are still All online’ drive. All services sustained include; and customer care in service delivery. This is in addition to will soon go online to minimize • Automation of all registration observing the Human Resource client interface with the staff processes through the Policy which emphasizes • Obtain the International Business Registration practices like regular staff Organization for Standardization System(BRS),National Marriage rotation and taking disciplinary (ISO) 9001-2015 certification Registration System (NMRS), action against non-compliant for a quality management The Industrial Property employees; system that is client oriented. Automation System (IPAS). The standardization of key The systems are integrated • Open office lay outs: The Bureau introduced open work stations processes through Standard with Uganda Revenue Operating Procedures will Authority (URA) and National for effective supervision of staff and client interactions; provide uniformity across Identification Registration board. Ethical standards will be Authority (NIRA) systems. • Standard Operating Procedures clearer on basic principles and This has helped in fostering (SOPs) for key business standards expected to applied transparency through; processes were developed. The during work. a) prompt user data and payment SOPs have helped in creating uniformity of services at all • Establish a whistleblowing verification resulting into system; A hotline 0414673200 managing the risk of revenue levels in the Bureau and fostered a culture of compliance. will be fully operational for leakage caused by issuance internal disclosures against staff of fake payment receipts and • Rewards system: Annually, the errant behavior; underpayment of service fees; Bureau rewards and recognizes employees for good behavior to • A code of conduct for b) minimizing staff interaction acceptable behavior that binds with clients; encourage others to emulate them. staff will be put in place. Clear c) improved efficiency which has rules for remedial or disciplinary positively contributed to turn The New Anti-Corruption action against those involved around time for our clients. in corrupt tendencies will be Strategy. developed to compliment the • Publication of a client charter Recently, as commitment to Bureau’s HR manual. for clients, maintenance of an promoting and sustaining ethical Constitute an Ethics and interactive website, WhatsApp behaviour as one of its top priorities, • Integrity Committee to group and call center to provide URSB which is a member of the spearhead the efficient and essential information to the Justice Law and Order Sector (JLOS), effective delivery of the Strategy, public including services offered customized the JLOS Anti-Corruption and also appoint integrity focal and official fees payable; Strategy and formulated its own persons to champion the ethics five (5) year Strategy to provide • Simplification of business and integrity drive in their information and guidance to all staff processes to reduce the cost respective Directorates and on corruption issues; strengthen and and time of doing business Units.

URSB Newsletter July-September 2020 23 Registra�on of Security Interests in Movable Property (SIMPO)

You can now register your company using a one paged lean memorandum and ar�cles of associa�on (memarts).For a copy of the memarts, visit our ebsite .ursb.go.ug or send us a message on hatspp 02 or all our toll ree line 000 00 00.

24 July-September 2020 URSB Newsletter