Foreign investors are subject to discriminatory minimum capital requirement (USD$250,000).
"2. Interpretation
In this Act, unless the context otherwise requires—[...]
"business" means any form of trade, commerce, craftsmanship or specified profession carried on for profit and to which this Act applies;
[...]
Part IV – Licensing of business activities
12. Regulated and unregulated businesses
(1) Subject to this Act, no person shall conduct a regulated or unregulated business in Malawi without obtaining a Business Licence, or otherwise than in accordance with the Business Licence.
(2) The owner, manager or person in charge of a regulated business who wishes to have his business licensed under this Act shall—
(a) produce to the Business Licensing Officer evidence of compliance with the relevant regulatory statute; and
(b) produce to the Business Licensing Officer a certificate issued under the Business Registration Act,
before a Business Licence is issued under this Act. [Cap. 46:02]
(3) Subject to section 16, any business which is not regulated by any written law shall, upon application and payment of the prescribed fee, be issued with a Business Licence.
(4) A Business Licence shall authorise the holder thereof to carry on business at premises, stated in the Business Licence, issued to him in relation to the business.
13. Exemptions
(1) No Business Licence under this Act shall be required by—
(a) any person specially appointed to conduct a sale of any goods in execution of any order of any court;
(b) a sheriff or his deputy selling in execution of his lawful duty;
(c) any person selling any goods solely as a necessary incident to the provision of any professional or other personal services;
(d) the owner or operator of any aircraft, ship, or railway coach in respect of sales made on board to passengers travelling thereon;
(e) any religious organization selling only religious literature;
(f) any person selling goods for charitable purposes only;
(g) any person selling goods to any member of any naval, military or police service in any canteen, institute or mess recognised as such by the Ministry:
Provided that this paragraph shall not apply to any person who is not a member of the force and who conducts the canteen for profit;
(h) any person who sells goods or carries on business in a market established under any Act;
(i) any person who sells goods by way of business, or carrying on any business from temporary premises, at a show or exhibition; or
(j) any person who sells otherwise by retail goods manufactured, grown or produced in Malawi by him.
(2) The Minister may, from time to time, by notice published in the Gazette, exempt from all or any of the provisions of this Act generally or in any area and subject to conditions that he may find fit, any person who sells goods by way of business or carries on a business, for which a licence is required under this Act, in circumstances that make it desirable in the public interest that the exemption be granted.
[...]
Part VIII – Businesses by non-Malawians
30. Businesses by non-Malawians
(1) No Business Licence shall be issued to a non-Malawian unless he holds a valid permit under laws relating to immigration, citizenship or refugees and otherwise satisfies the requirements of this Act.
(2) A Business Licence shall not be issued to a non-Malawian unless he provides evidence showing that he is investing Malawi capital of not less than $250,000 brought from outside Malawi.
(3) Where applicable, on application or renewal of a Business Licence under section 14, the applicant shall file a statement, in addition to any other documents, describing the participation in the management or finances of the business by a Malawian partner.
(4) The Minister may by order published in the Gazette vary the monetary limits referred to in subsection (2).
(5) For the purposes of this Part, "capital" means all cash contribution, plant, machinery, equipment, buildings, spare parts, and other business assets other than goodwill which are not consumed in the regular operations of the business and have a life of more than twelve months.
[...]
Part XI – Miscellaneous provisions
36. Reserved businesses
The Minister may, for purposes of promoting the participation of Malawians in economic activity, by order published in the Gazette, reserve some businesses to be carried out by Malawians only.[...]" (Businesses Licensing Act [Chapter 46:01] of 2013)
Businesses Licensing Act [Chapter 46:01] of 2013
[<a href="https://malawilii.org/akn/mw/act/2012/27/eng@2014-12-31">Act</a>]