Privatisation (Trade Sales and Management or Employee Buyouts) (Sale Tender) Regulations, 1993
These Regulations may be cited as the named Sale Tender Regulations, 1993.
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- Jurisdiction
- Zambia
- Instrument
- Statutory instrument
- Citation
- SI 40 of 1993
- Version
- 11 Mar 1993
- Language
- en
- Official source
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Statute overview
About this statute
These Regulations may be cited as the named Sale Tender Regulations, 1993. Any person may join tenders for privatising a state-owned enterprise by filing a pre-qualification application, and the Agency must set and publish the application deadline. An incorporated company must use the prescribed application form and submit certified copies of specified supporting documents. A partnership application must use the prescribed form and include certified copies of specified documents. An individual’s application must be made in the form set out in the Third Schedule.
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Provisions of Privatisation (Trade Sales and Management or Employee Buyouts) (Sale Tender) Regulations, 1993
Showing 47 of 47
- 1 Verify source ↗
These Regulations may be cited lll! the Pri�atisation (Trade
AI-assisted research summary: These Regulations may be cited as the named Sale Tender Regulations, 1993.
1. These Regulations may be cited lll! the Pri�atisation (Trade Sales and Management or Employee Buyouts) (Sale Tender) Regu- lations, 1993. Title - 2 Verify source ↗
(1) Any person may participate in tenders relating to the
AI-assisted research summary: Any person may join tenders for privatising a state-owned enterprise by filing a pre-qualification application, and the Agency must set and publish the application deadline.
2. (1) Any person may participate in tenders relating to the privatisation of any staie-owned enterprise by submitting an appli- cation for pre-qualification. . · . . (2) The Agency shall d�termine and publish the deadline for the submission of applications. - 3 Verify source ↗
(l)" An application by an incorporated company shall be in
AI-assisted research summary: An incorporated company must use the prescribed application form and submit certified copies of specified supporting documents.
3. (l)" An application by an incorporated company shall be in !he form prescribed in the First Schedule to these Regulations. (2) An application by an incorporated company shall be submit ted with certified copies of- 0 (a) the Board · tion; ofD�rs• resolution authorising the applica- ' ., (b) a certificate of incorporation; ( c) the memorandum and articles of association; . ( d) the current annual returns; ( e) the Company Fonn No. 23; l!Od (f) an audited financial statement. ' . - - 4 Verify source ↗
(1) An application by a partnership shall be in the. form
AI-assisted research summary: A partnership application must use the prescribed form and include certified copies of specified documents.
4. (1) An application by a partnership shall be in the. form prescribed in the Second Schedule to these R_egulations. · (2) An application ·for a partnership sliall be .submitted with · · '· · · certified copies of.- · · · · · Application forpre qualification Application by incorpo rated comprutles Application byparbler ships (a) the articles-of;j>artnership or a certificate ofregistration under the Registration of Business Names-Act; and Cap. 687· (b) the last audited financial statement. Copies of tlus StatuJory lnstrumelJI can be obtained from the Government Printer, P.O. Box 30136, 10100 Lusaka. Price K/05.00 each. 120 Applications by individu als Confidential ity agreements References Processing applications Statutory Instruments 11th March, 1993 - 5 Verify source ↗
An application by an individual shall be in the form pre
AI-assisted research summary: An individual’s application must be made in the form set out in the Third Schedule.
5. An application by an individual shall be in the form pre scribed in the Third Schedule to these Regulations. - 6 Verify source ↗
( 1) An applicant for pre'qualification shall enter into a con
AI-assisted research summary: An applicant for pre-qualification must enter into a confidentiality agreement with the Agency, and the Agency must set its terms. The agreement must be executed by the time the application is submitted.
6. ( 1) An applicant for pre'qualification shall enter into a con fidentiality agreement with the Agency. (2) Toe Agency shall set out the terms and conditions of the confidentiality agreement (3) The confidentiality agreement shall be executed on or before submitting the application for pre-qualification. - 7 Verify source ↗
A person applying for pre-qualification shall submit to the
AI-assisted research summary: A person applying for pre-qualification must submit references to the Agency.
7. A person applying for pre-qualification shall submit to the Agency references from his bankers or financiers or any other referee of good standing. - 8 Verify source ↗
· (1) Toe Director shall ensure that ·an application is in accor
AI-assisted research summary: The Director must check that an application complies with the Regulations and includes the required information before submitting it to the Agency. The Agency may consult on an application, and its decision is final, binding, and must be communicated to the applicant within the stated time period.
8. · (1) Toe Director shall ensure that ·an application is in accor- dance with these Regulations and contains the required information before submitting the application to the Agency for consideration. (2) The Agency may make consultations relevant to an applica tion. (3) Toe decision of the Agency shall be final and binding on the parties and shall be communicated to the applicant within thi� days from the date on which it was received. Entitlement on pre qualification - 9 Verify source ↗
A person who successfully bids for pre-qualification shall
AI-assisted research summary: A person who successfully bids for pre-qualification may receive a tender package and may bid for the state-owned enterprise, but only after paying a non-refundable fee set by the Agency.
9. A person who successfully bids for pre-qualification shall ( a) be registered as having pre-qualified for that state-owned enterprise; (b) on payment of a non-refundable. fee determined by the Agency, be entitled to receive a tender package relating to the state-owned enterprise to which he pre-qualified; and ( c) be entitled to bid for the state-owned enteiprise to which he pre-qualified. Submi ssion of bids - 10 Verify source ↗
(1) A person who pre-qualifies shall be requested by the
AI-assisted research summary: A pre-qualified person must submit a bid to the Agency, and the bid must be in a sealed envelope.
10. (1) A person who pre-qualifies shall be requested by the Agency to submit to the Agency his ·bid for that state-owned enterprise. Contents of biddocu m�ts (2) Toe bid shall be submitted to the Agency in a sealed envelope within a period determined by the Agency. - 11 Verify source ↗
Toe bid document shall.contain i11formation �garding
AI-assisted research summary: A bid document must include listed price, payment, business, ownership, and bidder information, and it may also have to include any other information the Agency requests.
11. Toe bid document shall.contain i11formation �garding •(a) the price; ( b) the currency of payment; ( c) the manner of payment; ( d) the enhancement of competition; ., . 11th March, 1993 Statulory Instruments 121 ( e )' the enhancement of efficiency; ·. • · (f) the applicant's capital investments; :· (g) the dissipation of assets; (h) export promotion and import substitution; • • ' ,•, I ' 0 • , , � ' � (i) dependency o� foreign exc�ge for wor�g capital; . (j) dividend remittability; (l) public participation; (m) share ownership plans; ( n) employee expansion or retention plans; ( o) pension rights and liabilities for employees; (p) training policy for employees; and ( q) any other infonnation which, in the opinion of the _bidder, is relevant to the bid. (2) The bid document shall contain the following infonnation ' ' · ' ·. · relating to the bidder: ' . (a) technical and managerial ability to manage the enterprise ·, which is the subject of the bid; ,, , , (b) the finan�i_al standing; ( c) the perfonnance record and reputation; ( d) nationality; ( e) the names and nationalities-of the shareholders.together with the number of shares held by each; and (f) any other infonnation the Agency may request. ,- J ;, - 12 Verify source ↗
(1) ToeDirectorshallsubmitabids documentto theAgency Evaluation
AI-assisted research summary: The Director must submit a bid document to the Agency for evaluation only after confirming it contains the required information. If the document is incomplete, the Director must ask the bidder for the missing information, unless there is not enough time. The Agency may consult as it sees fit, decides bids at its discretion, and must communicate its decision to the bidder within 90 days of submission.
12. (1) ToeDirectorshallsubmitabids documentto theAgency Evaluation for evaluation after being satisfied that � document contains the :'ln�ection required infonnation. -� · ' J ' I � (2) Where the bid document does not contain the required infonnation, the Director shall request the bidder, �thin such period as he may detennine, to supply .the .required infonnation unless there is insufficent time for the submission of further infor mation . .. , (3) 1fben evalul\ting and selei:ting the bi9s, tl)e Agency may · make such consultations as it thinks fit.· ( 4) The evaluation and selection of bids shall be at the discretion of the Agency and its decision in that regard shall' tie' -final and binding on the parties. (5) Toe decision of the Agency shall be communicated to the bidder not later than ninety days after the bid is submitted. .• 122 Statutory Instruments 11th-March, 1993 - 14 Verify source ↗
(1) The selected bidder and an independent negotiating
AI-assisted research summary: The selected bidder and the independent negotiating team must negotiate the terms of a share or asset transfer agreement, and the parties must sign a transfer agreement after successful negotiations.
14. (1) The selected bidder and an independent negotiating team appointed by the Agency under section thirtyctwo .of the Act/ shall negotiate the tenns and conditions of a share or asset transfer agreement relating to the state-owned enterprise.. ,Negotiations (2) On the successful completion of the negotiation for the tenns and conditions of a share or asset transfer, the · parties to the negotiations shall sign a transfer agreement. FIRST SCHEDULE (Regulation 3) FORM! PRE-QUALIFICATION APPLICATION FORM FOR INCORPORATED COMPANIES To: The Director Date ........................... -.. . Zambia Privatisation Agency P.O. Box 30819 Lusaka We hereby apply for pre-qualification as bidders iil the privatisation'of ....................................................................................... Limited I. Name of Company .................................................................. . - 2 Verify source ↗
Nationality of Company ....... , ..................................................... ·
AI-assisted research summary: Section heading: “Nationality of Company.”
2. Nationality of Company ....... , ..................................................... · - 3 Verify source ↗
Postal Address
AI-assisted research summary: This provision is a blank field for a postal address.
3. Postal Address .................. : .................................................... . - 4 Verify source ↗
Registered Office ........... H ••• •••••••••••••••••••••••••••••• ·
AI-assisted research summary: Section heading: “Registered Office.”
4. Registered Office ........... H ••• •••••••••••••••••••••••••••••• · ' . •· •••••••••••••••••••••• . - 5 Verify source ↗
Telephone
AI-assisted research summary: Section heading for “Telephone”; no substantive rule is stated in the provided text.
5. Telephone ......... : ................................................................... . - 6 Verify source ↗
Telex No ........................................................................ ,
AI-assisted research summary: 6. Telex No ........................................................................ , ..... ..
6. Telex No ........................................................................ , ..... .. - 7 Verify source ↗
Telefax No . .................. , ...............•.... , .............................. ,
AI-assisted research summary: This section is a blank field for a telefax number.
7. Telefax No . .................. , ...............•.... , .............................. , ..... . - 8 Verify source ↗
Date oflncorporation
AI-assisted research summary: Section heading: Date of incorporation.
8. Date oflncorporation ...... : .................. : ..... : ................................ . - 9 Verify source ↗
Place oflncorporation ........................ '
AI-assisted research summary: This excerpt contains headings for “Place of Incorporation” and “Share Capital” but no operative rule text.
9. Place oflncorporation ........................ ' ....................................... . IO. Share Capital.., .................... : .............................. : ....... : ........... · Authorised Share Capital Issued Share Capital Paid- Up Share C�pital 11th March, 1993 Statutory Instruments 123 - 9 Verify source ↗
Particulars of share holders
AI-assisted research summary: This section lists the particulars to be shown for shareholders.
9. Particulars of share holders Name Residential Occupation Address Nationality Number of shares Held - 10 Verify source ↗
Particulars of Directors
AI-assisted research summary: This section is titled “Particulars of Directors” and lists the details to be provided: name, residential address, occupation, and nationality.
10. Particulars of Directors Name Residential Address Occupation Nationality I I - 11 Verify source ↗
Summary of curriculum vitae of senior management
AI-assisted research summary: This section is a summary of the curriculum vitae of senior management.
11. Summary of curriculum vitae of senior management - 12 Verify source ↗
Nature of business of the Applicant
AI-assisted research summary: 12. Nature of business of the Applicant:
12. Nature of business of the Applicant: - 13 Verify source ↗
Details of aoy pending legal disputes
AI-assisted research summary: Section 13 is titled “Details of aoy pending legal disputes.”
13. Details of aoy pending legal disputes: - 14 Verify source ↗
State reason for interest in the particular state-owned enterprise
AI-assisted research summary: This section is titled “State reason for interest in the particular state-owned enterprise.”
14. State reason for interest in the particular state-owned enterprise: 124 Statutory Instruments 11th March, 1993 - 15 Verify source ↗
State anyrelationship with the state-owned enterprise (i.e. customer, supplier,
AI-assisted research summary: Applicants must state any relationship they have with the state-owned enterprise, such as customer, supplier, or creditor.
15. State anyrelationship with the state-owned enterprise (i.e. customer, supplier, creditor. etc.) \ Dated the ................................. day of ...............••.......... 19 ............ . Signed by: Signature ......................................... . Name ............................................ . Occupation .............................. ........ . Residential Address ......... ................. . Postal Address ..•.....•...................••....•. for and on behalf of. ............................ . fu the presence of: Signature ...... ................................................ ............................. . Name ...............................•.......................................................... {)ccupation .................................................................. .............. . Resi�ntial Address ................. ·., ...........................................•....... , ................................................................................................ Postal Address ........................... ·••.•·· ............................................ . ································································································ Nom: Attach certified copies of board of directors resolution authorising the application together with certified copies of certificate of incorporation, memorandum and articles of association, current annual returns, compa nies Form 23 and audited financial statement. 1 1th March, 1993 Statutory Instruments 125 SECOND SCHEDULE (Regulation 4) FORM2 PRE-QUALIFICATION APPLICATION FORM FOR PARlNERSHIPS To: The Director Date ............................. . Zambia Privatisation Agency P.O. Box 30819 Lusaka We hereby apply for pre-qualification as bidders in the privatisation of ....................................................................................... Limited - 1 Verify source ↗
Name of Partnership
AI-assisted research summary: This provision is titled “Name of Partnership.”
1. Name of Partnership ............................................................... .. - 2 Verify source ↗
Address
AI-assisted research summary: Section heading: Address.
2. Address ................................................................................ . - 3 Verify source ↗
Telephone
AI-assisted research summary: 3. Telephone ............................................................................. .
3. Telephone ............................................................................. . - 4 Verify source ↗
Telex No
AI-assisted research summary: 4. Telex No . ............................................................................. .
4. Telex No . ............................................................................. . - 5 Verify source ↗
Telefax No . ................................... · ...................................... ,
AI-assisted research summary: This section is a telefax number placeholder.
5. Telefax No . ................................... · ...................................... ,. - 6 Verify source ↗
Particulars of Partners
AI-assisted research summary: This section lists the particulars of partners: name, occupation, nationality, and percentage of shareholding.
6. Particulars of Partners Name Occupation Nationality Percentage of shareholding - 7 Verify source ↗
Share structure of partnership
AI-assisted research summary: Section heading for share structure of a partnership.
7. Share structure of partnership ...................................................... . - 8 Verify source ↗
Summaries of curriculum vitae of partners
AI-assisted research summary: Section 8 is titled “Summaries of curriculum vitae of partners.”
8. Summaries of curriculum vitae of partners ....................................... .. ································································································ ··································································································· - 9 Verify source ↗
Place of business
AI-assisted research summary: This section is titled “Place of business.”
9. Place of business: ..................................................................... . - 10 Verify source ↗
Description of business
AI-assisted research summary: This section is a form entry for the business description and any pending disputes.
10. Description of business: ............................................................ . ································································································ ································································································ I I. Details of any pending disputes: .................................................. . - 12 Verify source ↗
State reasons for interest in the particular state-owned enterprise
AI-assisted research summary: This section is a form prompt asking for reasons for interest in a particular state-owned enterprise.
12. State reasons for interest in the particular state-owned enterprise: ................................................................................................... ........................................................... �·--·-·•·"·························· ................................................................................................... ................................................................................................ 126 Statutory Instruments 11th March, 1993 - 13 Verify source ↗
State any relationship with the state-owned enterprise (i.e. customer,
AI-assisted research summary: The applicant must state any relationship with the state-owned enterprise.
13. State any relationship with the state-owned enterprise (i.e. customer, supplier, creditor, etc.) ................................................................................................. ................................................................................................ ··································································································· Dated the .............................•...... day of ........................... 19 ........ . Signed by: Signature .............................................. .. N811le .................................................. . Occupation ............................................ . Residential Address ................................ . ························································· Postal Address ...................................... . for and on behalf of.. .............................. . In the presence of: N1U11e ......................................................................................... . Occupation ................................................................................. . Residential Address ...................................................................... . ································································································ ································································································ Postal Address ............................................................................. . ································································································ ................................................................................................... Nam: Please attach certified copies of the Articles of Partnership (if any), certificate of registration under the Business Names Act, Cap. 687 (where applicable) and audited fmancial statements. 11th March, 1993 Statutory Instruments 127 THIRD SCHEDULE (Regulation 5) FORM3 PRE -QUALIFICATION FoRM FOR INDIVIDUALS To: The Director. Date ......................... '. ......• Zambia Privatisation Agency P.O. Box 30819 Lusaka I hereby apply for pre-qualification as bidder in the privatisation of ....................................................................................... Limited I. Name ...............................•.................................................... - 2 Verify source ↗
Nationality .................................... .•.......••
AI-assisted research summary: Section 2 is titled “Nationality.”
2. Nationality .................................... .•.......••.............................. - 3 Verify source ↗
Occupation
AI-assisted research summary: Section heading: Occupation.
3. Occupation ...... ...................................................................... . - 4 Verify source ↗
Residential Address
AI-assisted research summary: 4. Residential Address ..................... ........................ .................... .
4. Residential Address ..................... ........................ .................... . - 5 Verify source ↗
Postal Address ...•.•......•.............. ....................••
AI-assisted research summary: Section heading: Postal Address.
5. Postal Address ...•.•......•.............. ....................••....................... - 6 Verify source ↗
D etails of any pending disputes ..........................................•
AI-assisted research summary: Section heading for details of any pending disputes.
6. D etails of any pending disputes ..........................................•........ - 7 Verify source ↗
State reasons for interest in the particular state-owned enterprise
AI-assisted research summary: State the reasons for interest in the particular state-owned enterprise.
7. State reasons for interest in the particular state-owned enterprise: ·····················································································'············· - 8 Verify source ↗
State any relationship with the stato-:owned enterprise (i.e. customer
AI-assisted research summary: The form asks the respondent to state any relationship with the state-owned enterprise.
8. State any relationship with the stato-:owned enterprise (i.e. customer. supplier, creditor, etc.) Dated th e ... ..................••.•••... day of ................................. 19 ....... . Signed by: Signature .................. ............................. . 128 Statutory Instruments 11th March, 1993 In the presence of: Signature •...................•••....................................•••....•........... •..... Name ............•..................••.....•.•..........................•.••.•••.............. Occupation ................................................................................. . Residential Address ....•...........................................••...................... ................................................................................................ Postal Address ... ..................•.•.......................•....••........................ ................................................................................................ LUSAKA 9th March, 1993 [M□.101/6/32] R. D. S. PENZA, Minister of Commerce, Trade and Industry
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Privatisation (Trade Sales and Management or Employee Buyouts) (Sale Tender) Regulations, 1993
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