Everything You Need to Know About Foreign Company Registration in Kenya
Foreign company registration presents an opportunity in the country’s thriving economy. Kenya’s diverse economic landscape attracts global enterprises seeking abundant opportunities.
Navigating Kenya’s legal intricacies to register a foreign company can be daunting without proper guidance. However, our guide is your essential tool, facilitating a smooth business establishment in this East African powerhouse.
Furthermore, Briantony International Consultants excels in company structures and regulatory compliance. We ensure your business seamlessly integrates into Kenya’s vibrant commercial scene. Additionally, our comprehensive guide assists in registering a foreign company in Kenya, fostering growth and providing reliable support.
Registering a foreign company in Kenya: The step-by-step process
Are you looking to establish your company’s presence in East Africa’s dynamic market?
Great news! It’s entirely possible for foreigners to register a company in Kenya. Whether you aim to open a branch office or establish a subsidiary company, the process is relatively straightforward.
Requirements for registering a foreign company in Kenya
The document should include:
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- Certified copy of the company’s Charter, Statutes, Memorandum, Articles of Association, or relevant documents defining its constitution.
- Certified copy of the foreign company’s current certificate of incorporation or registration in its place of origin, or an equivalent document.
- List of company directors and shareholders, including their personal details.
- Memorandum outlining directors’ powers, especially those residing in Kenya and serving on the local board.
- Statement of all existing charges affecting company properties.
- Names and postal addresses of persons in Kenya authorized to accept notices on behalf of the company.
- Full address of the company’s registered or principal office in its home country.
- Full address of the company’s place of business in Kenya.
- Details for registering any registrable charges on property owned by the foreign company if it’s incorporated in Kenya.
- Policy safeguarding the privacy of a natural person’s residential address unless required.
- Mechanism for appointing a liquidator of a foreign company’s property in Kenya.
- Recognition that a foreign company may have a local board of directors with specific powers, in addition to foreign directors.
- Assistance in opening a bank account for the company.
Requirements for the appointment of a local representative
Registration and Compliance Requirements for Foreign Companies Operating in Kenya
Operating in Kenya involves activities like offering debentures or acting as a guarantor for debentures in the country. Consequently, to engage in these activities, a foreign company must be registered in Kenya.
Moreover, to register a branch in Kenya under the 2015 Act, you need to submit an application to the Registrar of Companies. Additionally, we also assist companies in opening bank accounts.
Registering a foreign company in Kenya requires following regulations, appointing a local representative, paying fees, and providing necessary documents. You can also choose your business name.
Briantony International Consultants offers a nominee shareholder agreement, allowing them to hold shares in trust at a reasonable fee. Additionally, appointing a local representative in Kenya is mandatory to ensure compliance with the law.
If a company violates the Act and incurs penalties, the local representative may be held personally liable by the court.
We provide assistance in starting a business and advise on applicable tax rates.
Complete the local statutory forms.
Complete local statutory forms for foreign companies incorporated outside Kenya, including Form 236, Form 237, Form 238, and Form 250. Provide directors, secretary, names, addresses, and notice of registered office or change notification.
All these forms are requisite requirements for company registration in derived from Kenya for foreigners 2016 as business entities and limited liability companies.
Certificate of compliance for a foreign branch
Briantony International Consultants provides a “Certificate of Compliance” to foreign companies upon successful submission of required registration documents. Additionally, we offer PIN and VAT Registration services in Kenya. With our assistance, the entire foreign company registration process in Kenya can be completed in just 3 days.
We strive to simplify the company registration process for foreigners, making it straightforward for business entities. You can access the list of foreign companies registered with the Registrar of Companies in Kenya as limited liability companies. We’re here to assist in starting your business journey.
Regulations and compliance while registering a foreign company in Kenya
This process, also referred to as Formation of a foreign company in Kenya, Incorporation of a foreign company in Kenya, or Registration of multinational companies in Kenya, is cost-effective when using our services.
We can also provide a list of international companies in Kenya from the Registrar of Companies. The list of international and multinational companies in Kenya is extensive, all registered as limited liability companies. Additionally, we assist companies in opening bank accounts and provide support in starting a business.
Implications of the new companies ACT 2015 and insolvency ACT 2015
The New Act imposes more detailed disclosure and compliance requirements on companies formed outside Kenya that seek registration in Kenya as business entities.
Requirements for Foreign Company Registration Under the New 2015 Act
The 2015 Act states that foreign companies operating in Kenya must register or have a pending registration application. This includes activities like offering debentures or acting as a guarantor. Applications must follow regulations and include company name, appointment of a local representative, fees, and required documents. Assistance is also provided for tasks such as opening bank accounts and starting business operations.
Local representatives for foreign companies in Kenya
A foreign company originating from Kenya can register under the country’s name or another name for business purposes. Subsequently, to comply with new law requirements, the company must appoint a local representative in Kenya.
The local representative could be held personally liable if the court determines that the company is a limited liability company and violates the Act. Additionally, we assist companies in opening bank accounts.
Documents required to accompany the registration application
Application for registration of a foreign company has to be accompanied by the documents below:
- A certified copy of the foreign company’s current certificate of Formation or incorporation or registration in the company’s place of origin, or a document of similar effect;
- A certified copy of the company’s constitution (memorandum and articles of association);
- A list of the names of the company’s directors and shareholders, and their personal details;
- A memorandum indicating the powers of Kenyan-based directors on a local board of directors.
- The document outlines the documents required for registering a foreign company’s existing charge on property in Kenya with the Registrar of Companies.
- Notice of the address of the company’s registered office in its Country of origin, if any; otherwise, the address of its principal place of business in its place of origin; and
- Notice of the address of the company’s registered office derived from Kenya.
Changes affecting obligations of foreign companies in Kenya
