TONGA

TONGAN INTERNET CORPORATION REGISTER ACT 2000

No. 7 of 2000

I assent,

TAUFA'AHAU TUPOU IV,
4th August, 2000

AN ACT
TO ESTABLISH A CORPORATION REGISTER FOR INTERNET BASED BUSINESS

[18th July, 2000]

BE IT ENACTED by the King and Legislative Assembly of Tonga in the Legislature of the Kingdom as follows:-

Short Title

1. This Act may be cited as the Tongan Internet Corporation Register Act 2000.

Interpretation

2. In this Act unless the contrary intention appears-

"internet" means the global network of computers mutually connected by the Transmission Control Protocol/Internet Protocol;

"Minister" means the Minister responsible for telecommunications;

"register" means a Tongan internet incorporation register, kept in accordance with section 3.

"foreign corporation" means a corporation formed under any foreign law.

Register

3. (1) There shall be a register under the control of the Minister which shall be called the Tongan Internet Corporation Register.

(2) The Minister may register, as a Tongan Internet Corporation by inclusion on the register, any foreign person or corporation or statutory body formed under foreign law.

(3) The Minister may at his discretion deregister a Tongan Internet Corporation by notice and removal from the register.

(4) Application for registration under this Act shall contain the following:

(a) a request to be registered;

(b) identification in the case of any foreign person and proof of incorporation in the case of a corporate body or statutory body;

(c) such evidence as the Minister may require-

(i) that the laws of the jurisdiction under which the body corporate is incorporated or constituted have been complied with;

(ii) of the nature of the business and activities of the body corporate and of its proposed business and activities;

(iii) of the financial standing of the body corporate;

(iv) of the management abilities and skills of the controlling body, board of directors or board of management of the body corporate, in carrying out the business and activities of the body corporate;

(d) such other information that the Minister may require;

(e) payment of such fees as required by regulations.

Tongan Internet Corporation

4. A Tongan internet Corporation shall-

(a) be deemed to be resident in Tonga;

(b) be deemed to conduct its business in all respects within an internet free trade zone such that no taxation on profits, capital gains or distributions and or company statutes or regulations of the Kingdom shall apply thereto.

Provided that nothing herein shall affect the liability for taxation which any entity registered under section 3 herein may otherwise have for business transacted within the Kingdom;

(c) be required to append the corporate designator CE for "Cyberspace Entity" to its corporate name.

Power to Appoint

5. The Minister shall be responsible for the formation, operation and maintenance of the register and may appoint any person by contract or otherwise to perform any or all of the functions related thereto.

Regulations

6. The Minister, with the consent of Cabinet, may make regulations for the effective carrying out of the provisions of this Act.

Passed by the Legislative Assembly this 18th day of July, 2000.

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