Articles

Articles

AMENDMENTS TO UGANDAN TAX LEGISLATION IN 2021

  INTRODUCTION The Tax Amendment Bills, 2021 that were assented to by the President on 29th May 2021 came into force on 1st July 2021. The amendments are geared toward improving tax administration, reducing tax leakages, and enhancing revenues collected by the Tax Authority. The purpose of this Alert, as set out below, is to summarize the key provisions of the amendments and their potential effect on taxpayers. INCOME TAX The Income Tax (Amendment) Act, 2021 introduces the following changes to The Income Tax Act (Cap 340).
Categorised under: Tax
Also related to these departments: Commercial Transactions

UGANDA COURT OF APPEAL REVISITS APPLICATION OF THE “INDOOR MANAGEMENT RULE” IN RESPECT TO VALIDITY OF MORTGAGES AND EXECUTION OF MORTGAGE DEEDS

Written: 08 Jul 2021
COURT OF APPEAL CIVIL APPEAL NO. 219 OF 2013 – NECTA (U) LTD AND JOHN NDYABAGYE VS CRANE BANK LIMITED. The Court of Appeal has revisited and emphasized various aspects in regard to validity of mortgages, execution and attestation of mortgage deeds. Court emphasized obligations of both the mortgagor and mortgagee in that respect thus widening the scope of the mortgagee’s inquiry into the borrower’s constitutional documents to ascertain whether the relevant authorizations have been duly obtained.
Categorised under: Legal Alert

THE UGANDA COURT OF APPEAL REASSERTS THAT THE EMPLOYER HAS A RIGHT TO TERMINATE AN EMPLOYEE WITHOUT A REASON BY ISSUING NOTICE OR PAYMENT IN LIEU OF NOTICE

Written: 24 May 2021
Court of Appeal Civil Appeal No. 281 Of 2016; Bank of Uganda Vs Joseph Kibuuka & 4 Others. The Court of Appeal of Uganda (the “Court”) has reasserted the unfettered right of an employer to terminate an employment relationship without a reason by either giving the employee notice or paying in lieu of notice. Timothy Masembe Kanyerezi and Alex Samson Ntale of M/s MMAKS Advocates represented Bank of Uganda (the “Bank”) in this matter.
Categorised under: litigation
Also related to these departments: Litigation

THE TRADEMARKS (AMENDMENT) REGULATIONS, 2021

The Trademarks Regulations No.58 of 2012 (the Regulations) passed under the Trademarks Act No.17, 2010 (the Act) were recently amended by the Trademark (Amendment) Regulations No. 9 of 2021 (the Amendment). The Amendment is commendable as it bridges gaps in many practical aspects of the law. It brings changes to twenty-six (26) provisions of the Regulations with the most notable being operationalization of the Register of agents, introduction of an IP journal, and payment for extension of time.
Categorised under: Intellectual property
Also related to these departments: Intellectual Property

REVISITING THE LEGALITY OF EVICTIONS ON THE SHORES OF LAKE VICTORIA

Written: 05 Aug 2020
The record-breaking rise in water levels of Lake Victoria has left many residents and business owners on its shores in fear. The rise, attributed to increased rainfall has wrecked several homes, farms and businesses. In response to this, Government of Uganda through National Environment Management Authority (the “NEMA”) has moved to evict encroachers who are within the protection zones of wetlands, shorelines and forest reserves.
Categorised under: Legal Alerts
Also related to these departments: Commercial Transactions

WAIVING STAMP DUTY ON DEBENTURES, EQUITABLE MORTGAGES AND FURTHER CHARGES

Written: 10 Jul 2020
The Stamp Duty (Amendment) Act 2020 which came into force on 1st July 2020 has revised the rate of stamp duty payable on debentures, equitable mortgages and further charges Effective 1st July 2020, stamp duty has been waived on debentures, equitable mortgages and further charges. Previously, a stamp duty of 0.5% was payable on debentures. Under the now repealed item 27, 30 and item 33 of the 2014 Stamp Duty Amendment Act, stamp duty of 0.5% of the value of the facility was payable on debentures, equitable mortgages and further charges.
Categorised under: Legal Alerts
Also related to these departments: Commercial Transactions

REVIEWING THE DUAL ROLE OF SPONSORS OF RETIREMENT BENEFITS SCHEMES IN LIGHT OF PROHIBITION UNDER NEW REGULATION

Written: 25 Jun 2020
In March this year, just as Uganda was grappling with the early days of the COVID-19-enforced lockdown, the Uganda Retirement Benefits Regulatory Authority (URBRA) issued new regulations, the Uganda Retirement Benefits Regulatory Authority (Management and Operation of Retirement Benefits Schemes) Regulations, S. I. No. 43 of 2020.
Categorised under: Legal Alert, Recent Articles
Also related to these departments: Commercial Transactions

NEW LICENSING FRAMEWORK FOR THE TELECOMMUNICATIONS SECTOR

Written: 10 Jun 2020
Operators in the telecommunications sector have been notified by the regulator, the Uganda Communications Commission (“UCC”), that effective 1st July 2020, the new licensing framework will come into force. The new licensing framework introduces the following key licenses:    •  NTO – National Telecom Operator license, covering telecom infrastructure and services operations across Uganda;
Categorised under: Legal Alerts
Also related to these departments: Commercial Transactions

UGANDAN HIGH COURT RECALIBRATES THE LANDLORD-TENANT RELATIONSHIP

Written: 22 May 2020
SOPHIE NAKITENDE VS MABU COMMODITIES LIMITED - HIGH COURT CIVIL SUIT NO. 117 OF 2016 The High Court in Uganda has pragmatically revisited the Landlord - Tenant relationship by faulting a Landlord’s arbitrary use of force to seize a tenant’s trading stock and lock up premises for alleged non-payment of rent without a written Tenancy Agreement in place or a lawful court order. Mr. Isaac Walukagga of M/s MMAKS Advocates represented Ms. Sophie Nakitende (“the Tenant”) in this matter.
Categorised under: Legal Alerts
Also related to these departments: Litigation

PROPOSED AMENDMENTS TO THE TAX LEGISLATION IN UGANDA - TAX AMENDMENT (BILLS), 2020

PROPOSED AMENDMENTS TO THE TAX LEGISLATION IN UGANDA -TAX AMENDMENT (BILLS), 2020 INTRODUCTION The Hon. Minister of Finance, Planning and Economic Development presented to Parliament the Tax Amendment Bills 2020 on 31st March 2020 with proposed changes to Income Tax, Value Added Tax, Excise Duty and Stamp Duty. We summarize the key proposed changes in this Alert. INCOME TAX (AMENDMENT) BILL, 2020. Business Income: a) Minimum tax payable by a loss making person
Categorised under: Legal Alerts, Tax
Also related to these departments: Commercial Transactions

FAQs ON IMPACT OF COVID-19 ON UGANDAN LAWS

Written: 06 Apr 2020
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The COVD-19 Pandemic has affected various aspects of business world over. This is a compilation of frequently asked questions in relation to the legal implications of COVID-19 in Uganda in the areas of; A. EMPLOYMENT B. REAL ESTATE & CONSTRUCTION C. CORPORATE D. INSURANCE E. COMPETITION F. GENERAL QUERIES G. DATA PROTECTION H. LITIGATION I. BANKING & FINANCE J. TAX K. CYBER SECURITY
Categorised under: Client Alerts

New Security Interest in Movable Property Act May Require Re-Registration of Existing Securities

Written: 05 Apr 2020
The Security Interest in Movable Property Act, 2019 (the ‘’Act’’) and the Security Interest in Movable Property Regulations, 2019 (the ‘’Regulations’’) came into force on 30th May 2019. This Act is one of the most significant statutes to impact the taking of security in Uganda. The Act is far reaching as it requires many types of existing securities that have already been registered to be re-registered under the Act for the security to be effective against a liquidator, administrator or third parties.
Categorised under: Legal Alerts
Also related to these departments: Commercial Transactions

The Public Health (Control of Covid-19) Rules & The Public Health (Prohibition of Entry into Uganda) Order

The Public Health (Control of Covid-19) Rules & The Public Health (Prohibition of Entry into Uganda) Order As of 25th March 2020 Uganda had registered 15 confirmed cases of COVID-19, which number is expected to increase, in response to which The Government of Uganda has issued two (2) Corvid-19 focused Statutory Instruments, i.e., The Public Health (Control of Covid-19) Rules, 2020 SI No.52 of 2020 and The Public Health (Prohibition of Entry into Uganda) Order, 2020, SI No.53 of 2020
Categorised under: Legal Alerts

Uganda Oil And Gas: Regulatory Landscape

Written: 13 Aug 2018
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Categorised under: Articles
Also related to these departments: Mining, Oil and Energy

State of Oil and Gas in Uganda - 2017

Written: 31 Jul 2017
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Uganda is currently described by the World Bank as the hottest inland exploration frontier in the world and the country to watch in the oil and gas space, due to the commercial discovery of an estimated 6.5 billion barrels of oil, 1.4 billion of which are recoverable.
Categorised under: Articles
Also related to these departments: Mining, Oil and Energy