CAIPO FAQs

The following are some of the questions most frequently asked by members of the public.

What is the difference between incorporating a company and registering a business name?
How long does it take to incorporate a company?
How long does it take to register a business name?
What's the difference between a non-profit company and a charity?
When do I need to have a document notarised? How is it done? What are the fees involved?
What is an Apostille?, what is it for? and how is it issued?
Can I register copyright at CAIPO?
What about registration of patents, trademarks, and industrial designs?
How many pieces of legislation does CAIPO deal with?
Who are CAIPO's affiliates?
Can I contact CAIPO online?
What about contact by normal mail?
Can I make a search of the publicly held records relating to a
registered company in Barbados? What costs are involved?
Is there an official form to be completed when making a request for certified copies of corporate documents ?

Q. What is the difference between incorporating a company and registering a business name?

A. Incorporation of a company under the Companies Act, Cap. 308 has the effect of creating a "legal personality" which is separate and distinct from the person or persons who incorporate a company or who hold shares in the company. Following its incorporation, it is the company which conducts the business not its shareholders or members. It is the company which enters into contracts with other persons in the course of its business, not its shareholders or members. Further, if a company is in breach of its obligations under a contract, or causes damage to any person in the course of its business and is sued, any liability which is incurred lies with the company, not with its shareholders or members. Only the company's assets would be affected, not the directors' assets, nor the assets of the shareholders or members of the company, unless, of course, these persons have entered into personal guarantees for loans made or credit given to the company.

On the other hand, in the case of a registered business name, all liability incurred by the business will remain that of the individual or partnership which owns the business. The Registration of Business Names Act, Cap. 317 does no more than create a register of names, it does not create a separate "legal personality," and following registration of the business or trade name, the liabilities of the business still remain the liabilities of the individual or the partnership which registered the name.

Incorporation of a company is a more expensive procedure and takes marginally longer to process than the registration of a business name. See our "CORPORATE AFFAIRS" link for further details.

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Q. How long does it take to incorporate a company?

A. Provided that the documentation submitted is properly filled out and complies with the law, incorporation of a company may usually be achieved within five (5) working days or less. Applications are usually processed in the order in which they are received. However, all urgent requests for incorporation are expedited, provided that the prescribed fee is paid and the appropriate documentation is in order.

Q. How long does it take to register a business name?

A. If the application is properly filled out, the application is processed and a certificate of registration issued in two (2) working days.

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Q. What's the difference between a non-profit company and a charity?

A. A non-profit company is simply a company that operates for the benefit of a specified purpose that is not intended to make individual commercial gains for its members. No shares are issued, and non-profit companies tend to be created in order to formalise a club, professional association or other organisation with specific useful objectives. A charity, in contrast, is an organisation that is formed for the good of the general community and for generally beneficial reasons. For instance, a body formed to promote the interests of a section of the community e.g. for the benefit of computer technicians only, would be more appropriately operated as a non-profit company whereas another body intended for the spreading of religious ideas generally, or for the advancement of education or the relief of poverty in Barbados would more appropriately be a charity.

Non-profit companies are incorporated under the Companies Act, Cap. 308 whereas charities are registered under the Charities Act, Cap. 243.

Q. When do I need to have a document notarised? How is it done? What are the fees involved?

A. A document that is to be certified as a true copy of an original, or a document which is signed by a person to be sent or presented in another country, should be notarised by a notary public prior to its being sent overseas.

In Barbados, notarial acts are performed by the Registrar of the Supreme Court, the Registrar of Titles, the Registrar of Corporate Affairs and Intellectual Property and by their respective Deputies and Assistants.

A fee of BDS$20.00 is payable to the Registrar for each notarial act involving the signature of a notary public and the affixing of the notarial seal. If the document to be notarised also has exhibits attached which are to be marked as such by the notary public, an additional fee of BDS$5.00 is charged for each exhibit to be marked. Government stamp duty of BDS$10.00 (in adhesive stamps) is payable on every occasion when an official seal is to be affixed. The necessary stamps should be purchased beforehand and taken to the office of the Registrar along with the documents requiring notarisation. Any person needing to have a document notarised must present identification (passport, National I.D. card or a driver's license) prior to the notarizing of the document.

Q. What is an Apostille?, what is it for? and how is it issued?

A. An Apostille is an internationally recognized certificate issued by designated public officials in certain countries which authenticates the signature appearing in public records. It facilitates the production in evidence of public records issued in foreign jurisdictions and is accepted in certain foreign jurisdictions which are parties to the 1961 Hague Convention. The Registrar of the Corporate Affairs and Intellectual Property Office is authorized to authenticate by means of an Apostille, the signatures of public officials which appear on the official documents and records held in this Department. The fee for issuance of an Apostille in Barbados is BDS$50.00.

Q. Can I register copyright at CAIPO?

A. No. Registration of copyright is only required in the United States, and is optional in Canada. In Barbados, copyright arises by operation of law and registration of copyright is not required.

Q. What about registration of patents, trademarks, and industrial designs?

A. All of these aspects of intellectual property are registrable (unlike copyright), and the Office will deal with each aspect under its relevant legislation. See our "INTELLECTUAL PROPERTY" link for further details.

Q. How many pieces of legislation does CAIPO administer?

A. At present, CAIPO is responsible for the administration of thirty (30) different pieces of legislation. For a complete list, refer to our "LEGISLATION" link.

Q. Who are CAIPO's affiliates?

A. CAIPO is a department of the Ministry of Industry & International Business. In view of our primary role as keepers of Barbados' commercial and intellectual property records, the Department provides information on request to most government departments and agencies, including the Royal Barbados Police Force, the Anti-Money Laundering Authority, the Comptroller of Customs and the Commissioner of Inland Revenue. We also work closely with agencies such as the Barbados Investment and Development Corporation (BIDC), the Government Information Service (GIS) and with the Small Business Development Unit of the Ministry of Commerce, Consumer Affairs and Business Development in providing information to the public about corporate affairs and intellectual property.

At the international level, the Department works very closely with the Cooperation for Development Bureau for Latin American and Caribbean of the World Intellectual Property Organisation (WIPO), based in Geneva, Switzerland with the aim of following international developments in intellectual property rights and obtaining technical assistance for the strengthening the intellectual property rights system in Barbados.

Q. Can I contact CAIPO online?

A. Certainly. At the time of writing, you may send e-mail to caipo@caribsurf.com. Any changes will be made available to the public in a timely manner.

Q. What about contact by normal mail?

A. You may write to :

The Registrar
Corporate Affairs & Intellectual Property Office
Keith Bourne Complex
Belmont Road
St. Michael
Barbados

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Q. Can I make a search of the publicly held records relating to a
registered company in Barbados? What costs are involved?

A. Yes. Company searches are usually performed in person at our Offices
where the actual paper file may be perused upon payment of a search fee of
$5.00 BDS. Following the physical search of the file, certified
photocopies of any documents of interest on the official file such as the
Incorporation documents, Notice of directors, Notice of registered Office
etc can be obtained from the Registry at the cost of $1.00 BDS per page
plus $10.00 BDS for the official certification.

Overseas customers who for obvious reasons are unable to perform the
search themselves may request specific corporate documents from the
Registry which may provide the required records at the cost of $1.00 BDS
per page for the photocopies, plus $5.00 BDS for the search, plus $10.00
BDS for the certification and $5.00 BDS for airmail postage.

On-line searches of our scanned electronic records are not available at
this time.

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Q. Is there an official form to be completed when making a request for certified copies of corporate documents ?

A. There is no official form for making a request for certified copies of corporate documents. The request is usually made to the department by fax signed by the requesting party and identifying the company/number from which documents are required. The file is then searched by us, the number of pages to be photocopied is ascertained and the full cost is notified to the person making the request.

One should then confirm the order and forward an international money order payable to the Registrar of Companies. Once these have been received, the documents will be posted to you. [N.B. The request can be expedited if you fax us a copy of the money order and letter of confirmation which would have been forwarded to us].

It is advisable to verify that the company is registered with us by making a preliminary search for the company and registration number on the SEARCH LINK on our Internet website.

Please note that the photocopying cost will not be known until the company is identified since the number of pages in a company's articles of incorporation is not standard and varies from company to company. It is therefore not possible to state the actual cost of photocopying until the file is checked and the number of pages to be certified is ascertained.

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IMPORTANT NOTE: The preceding notes and all published material contained in this website are intended to provide general information to the public on the various topics covered. The material published on this website is the copyright of the Government of Barbados and may not be reproduced in whole or part unless permission is first obtained from the Corporate Affairs and Intellectual Property Office. Further, the information provided on this website should not be used in substitution for consulting the texts of the relevant Laws of Barbados or seeking independent legal or other advice.