The process of registering any business in Kenya online is nearly the same. However, when registering a foreign company, the mandatory requirements needed to complete the process are quite different. This is based on the companies act 2015.
You can make your application online via the BRS portal.
In this blogpost, I will highlight six mandatory requirements you need to have in order to register a foreign company.
PS: This is just a summary of the mandatory requirements based on the information collected on the Kenya Business Registration Portal. You can find a detailed guide about registering a foreign company in Kenya here.
#1 Copy of Certificate of Registration or Incorporation
This is the copy of the certificate of registration from the country of origin. The copy of the certificate must be notarized. Also, if the certificate of incorporation and charter is not in English, the applicant must provide a translation of the same.
#2 Local Representation
This process also requires that the company or business to have a local representation.
They representative can be part of local board of directors and may be assigned specific powers in addition to it’s foreign directors.
On top of this, the applicant must also share names and postal addresses of one of the local representative in Kenya. They will be authorized to accept notices when needed to be served on behalf of the company.
#3 Companies Constitution
Attach a certified/notarized copy of of the companies constitution/ the Charter/Statutes/ Articles or other instruments defining the constitution of the company or the equivalent. If it is in other language, it has to be translated to English.
#4 List of Shareholders And Directors
In your application, you have to attach names and details of shareholders and directors of the company or business.
#5 Memorandum of Association
Attach a memorandum of association drafted locally which is certified and executed by or on behalf of the company.
The memorandum should state the powers of the directors who (a) reside in Kenya (b) are members of a local board of directors.
#6 Notice of The Companies Registered Office
When making your application, there is form that you fill and it requires you enter details of the companies registered office in its place of origin. If the company doesn’t have such an office, then it’s principal place of business in its place of origin.
There are more other requirements which are dependent on how big the company you are registering is. You can find the instruction about registering a foreign company here.
I hope to this article was helpful. If you have any questions related to business registration in Kenya, do not hesitate to consult BRS support. I wish you the very best as you set up your business in Kenya.
And until next time, bye bye and take care.
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