Company registration in Kenya made simple! Learn the essential formalities for registering a foreign company. Start your business journey in Kenya today.
Expanding your business into Kenya’s growing market is an exciting step—but it’s one that requires navigating a range of regulatory formalities and the process can seem daunting without the right guidance. F.M. Muteti & Co. Advocates specializes in helping foreign companies register in Kenya, making the process efficient and straightforward. Here’s an overview of the essential steps and documentation required to establish a foreign company in Kenya.
Company Registration in Kenya: Key Formalities for Foreign Businesses
Required Documents for Company Registration
To Register a foreign company in Kenya, various documents must be provided to the Registrar of Companies. These include incorporation documents, details on the appointment of a local representative, and other supporting information:
- Company’s Incorporation and Governance Documents
The Applicant must avail a certified and notarized copy of the company’s certificate of incorporation or registration from its country of origin and a certified copy of the charter, statutes, or memorandum and articles of association, or any other instrument constituting or defining the company’s structure. If these documents are in a language other than English, a certified translation must also be provided.
- Appointment of Local Representative
The foreign company must submit a memorandum granting authority to a local representative, empowering them to manage the company’s operations in Kenya and a copy of the local representative’s Kenyan National ID and a passport photo, as the representative must be a Kenyan citizen.
- Directors’ Information
The Application process shall require the Applicant to avail the passport bio pages and passport photos for all directors of the foreign parent company.
- Additional Company Information
In addition to the core documents, the following details are necessary for completing the foreign company registration process in Kenya:
- Proposed Company Names: Three to five potential names for the company’s Kenyan branch. A letter of no objection from the parent company must be obtained for each proposed name.
- Description of Business: A detailed description of the company’s nature of business.
- Contact Information: Physical, postal, email addresses, and telephone contacts for the foreign company, both in its home country and in Kenya.
- Operational Details: A schedule of the company’s operational days.
- Director Contact Information: Physical, postal, email addresses, telephone contacts, and nationality of the company’s directors.
- Local Representative Contact Information: Physical, postal, email addresses, and telephone contacts of the local representative.
Certification and Compliance
Once the registration documents are reviewed and approved, the Registrar of Companies issues a Certificate of Compliance. This certificate is critical as it confirms the company’s official registration in Kenya and includes a unique identification number, the registration date in Kenya, and the original date of incorporation in the company’s home country. This certificate is essential for validating the foreign company’s legal status within Kenya.
Tax Requirements
Foreign companies registered in Kenya must fulfil tax obligations by registering with the Kenya Revenue Authority (KRA). Upon successful registration, a KRA PIN Certificate will be issued. To register for a KRA PIN, the following documents are required:
- The company’s Certificate of Compliance.
- CR12 (Certificate of Official Search).
- The company’s Memorandum and Articles of Association.
- KRA PIN Certificate of one of the company’s directors.
- A Tax Compliance Certificate for one director.
- An acknowledgment receipt from KRA.
Once these steps are completed, the foreign company is legally authorized to operate in Kenya.
Conclusion
Registering a foreign company in Kenya involves a clear and structured process that ensures compliance with the country’s legal and tax requirements. Properly completing the registration process is essential for avoiding penalties and ensuring that the business operates smoothly within the Kenyan market. If you need further clarification or assistance with registration, please feel free to contact us today.
Disclaimer: The information provided in this article is for general informational purposes only and does not constitute legal advice. For specific legal guidance tailored to your situation, please consult a qualified legal professional. F.M. Muteti & Company Advocates is here to assist you with your legal needs.
