The registration of foreign companies in Kenya is provided for under the new Companies Act 2015. Under the Act, a foreign company is defined as "a company incorporated outside Kenya"
A Foreign Company is hence a company registered outside Kenyan jurisdiction, abiding by the laws of its home country, and obtaining a Certificate of Compliance under Kenyan Law. This enables the company to conduct its business in Kenya.
At Biz Brokers Kenya, we assist you in process of registering a branch of your foreign company in Kenya and guide you through the necessary steps and processes/.
Requirements for registering a foreign company in kenya.
To register a branch of a foreign company in Kenya, you'll need the following:
- The name of the foreign company for search and if not available alternative names.
- A certified copy of a current certificate of the foreign company's incorporation or registration in its place of origin
- Certified copy of the certificate of Incorporation duly certified by a Notary Public.
- If in a foreign language, certified copies of translated documents by a Notary Public.
- Name, email address, phone number and residential address of a local representative.
- National ID, PIN, and passport photo of the local representative in Kenya.
- Registered address of the foreign company in the County of origin.
- Proposed registered address in Kenya, including the building name, plot number, street, town, and county.
- Copies of Passport and passport photos of the directors and shareholders.
- Contact information of the directors and shareholders of the foreign company. That is
- Email address.
- Telephone Number
- Postal address/
Forms Required for Registration of a Foreign Company.
The following are the forms required for registration of foreign companies in kenya
- Form 236: List of documents submitted for registration by a company incorporated outside Kenya.
- Form 237: List and particulars of directors and secretary of a foreign company incorporated outside Kenya.
- Form 238: List of names and addresses of the individuals resident in Kenya authorized to receive service on behalf of a foreign company.
- Form 250: Notice of the location of the registered office of a company incorporated outside Kenya.
Procedure for Registration of a Foreign Company in Kenya:
Upon presenting all the requirements and completing the prescribed forms, an application for the registration of a foreign company is submitted to the registrar along with the application fee. If the registrar approves the application, a certificate of compliance is issued, and the company is deemed registered.
Local representative of a foreign company in Kenya
The Companies Act prescribes that, The Registrar may not register a foreign company under this Part unless
the company has at least one local representative in relation to whom the foreign company has complied with the prescribed requirements of the foreign companies regulations relating to local representatives of foreign companies
Requirements of a local representative in Kenya
The following are required of the local representative
- Contact information of the local representative including
- Email address
- Postal address
- Telephone number
- Copy of ID of the local representative.
- PIN number of the local representative.
- Passport photo of the local representative
- Residential address of the local representative.
Liability of local representative.
- A local representative of a registered foreign company.
- Is answerable for the doing of all acts, matters and things that the company is required by or under this Act to do;
- Is personally liable to a penalty imposed on the company for a contravention of, or failure to comply with, this Act if the Court hearing the matter is satisfied that the local representative should be so liable
Naming of a Foreign company
Foreign company can be registered under alternative name under which it will carry on business in Kenya,
- A foreign company that wishes to be registered under this Part may, at any time, lodge with the Registrar for registration a statement specifying a name, other than its corporate name, under which it proposes to carry on business in Kenya.
- A foreign company that has registered an alternative name may at any time,lodge with the Registrar for registration, a statement specifying a different name under which it proposes to carry on business in Kenya, which may be its corporate name or a further alternative, in substitution for the name previously registered.
- If a foreign company is registered with an alternative name as provided by this section, that name is for all purposes of the law applying in Kenya the corporate name of the company
Company & branch registration in kenya:
Upon successful submission of the required documents, the company receives a Certificate of Compliance.
How Long Does it Take to Register a Foreign Company in Kenya?
The application and registration process typically takes an average of 7 days from the date of submitting all application requirements.
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