The application contains information that must be published and meets the requirements regarding the name of the company and the appointment of a local representative and is accompanied by the prescribed fees and required documents. In the application for incorporation as a foreign company in Kenya, the company may indicate the name under which it intends to operate in Kenya. This can be either the name of the company under the law of the country or territory in which it is registered, or an alternative name that is not its company name that the company wants as the business identity in Kenya. Deciding to expand into Kenya is an important step that brings many positive benefits to your business. However, expansion doesn`t come without challenges like hiring employees and deciding to operate. 1. This requirement of the law with regard to the registration of suspensive and related matters is fulfilled. If, after receipt of the certificate of incorporation by a company, it is determined that certain irregularities have occurred in connection with its registration, these will not affect the validity of the company. Globalization Partners will remove these barriers to entry by outsourcing Kenyan subsidiaries. Instead of learning how to start your own subsidiary in Kenya, you can use our existing PEO in Kenya to work quickly. We ensure compliance with Kenyan settlement laws and ensure that you have time to focus on growing your business.
This process is also called setting up a foreign company in Kenya or setting up a foreign company in Kenya or registering multinational companies Kenyan Kenya is not expensive in using our services. We may also be able to obtain a list of international companies in Kenya from the Registrar of Companies of Kenya. The application for registration of a foreign company must be accompanied by the following documents: The certificate of incorporation and the articles of association of the parent company must be notarized in the motherland. The original notarized copies of it will be used in the subsidiary`s application for registration. The rest of the procedure and data required for the registration of a subsidiary in Kenya is similar to the registration of a company by a foreigner, as stated above. Despite the above points, it is of the utmost importance to keep in mind the following key points: there is a minimal difference in the procedure in which a subsidiary is registered, as opposed to the registration of a foreign company. The main difference is that each party wishing to register a subsidiary must provide a certificate of incorporation with the articles of association of the parent company. ocl partners can help you by offering registered shareholder agreements in which we hold risk-free fiduciary shares at reasonable expense.
A foreign company is also required to appoint a local representative in Kenya, who will not only receive delivery of the process, but will also ensure that the foreign company meets the legal requirements. The local representative is personally liable if a sanction is imposed on the company for violation or non-compliance with the law, if the court hearing the case is convinced that the local representative should be responsible for this responsibility. The first step for project promoters wishing to set up a company is the registration and integration of the company, as well as the preparation of incorporation documents, participation details (if any) and management details, to which at least seven of them will sign their names in the case of a public limited company and two in the case of a private company. Act. How to register for tax with the Kenya Revenue Authority (KRA) The reason for this is that a subsidiary can only exist if the parent company is legally recognized by the law of the republic in which the parent company operates. The thememorandum and the articles of association are drafted to show that there are provisions allowing the parent company to open subsidiaries. It takes between two weeks and a month for a local business to be registered. A foreign company that wishes to carry out a foreign company registration in Kenya by opening a branch or subsidiary in Kenya should provide the Registrar of Companies with the following: Requirements for Registration of Companies and Branches in Kenya – Do You Want to Start a Business in Kenya? Here are the requirements you need to have in place.
There are three ways to register your legal entity, a fully independent limited liability company or a subsidiary of your company registered in Kenya or any other jurisdiction, or a branch registered in another jurisdiction. Given the new registration requirements, it will be more difficult and time-consuming for foreign companies to do business in Kenya. If a foreign company does business in Kenya without registration, the company and each of its responsible employees will commit a crime in default, and if convicted, each of them will have to pay a fine of five million dollars. Ocl`s business partners, after successfully submitting the documents required for the registration of a foreign company, will facilitate the issuance of a ”certificate of compliance” for the company by the Registrar of Companies. We also offer PIN and VAT registration services in Kenya. Whole. We make business registration in Kenya a simple process for foreigners and not complicated at all. This can take at least one day and a maximum of five days. The Companies Act No. 17 of 2015 of the Laws of Kenya is the most important legal provision for all companies in Kenya and therefore for the registration of a company by a foreigner in Kenya. The first step is to reserve a name, in which case you would reserve a name similar to the name of the parent company.
Upon successful reservation, directors must inform the company of the following: a certificate of incorporation issued by the Registrar in respect of a corporation is conclusive proof that all the requirements of the Companies Act have been met with respect to registration, and nothing can be requested about the regularity of the previous procedure, and the certificate cannot be challenged for any reason. c) Once the company is registered, it must be treated like any other independent person with rights and obligations that suit him. In addition to the requirements for company registration, the 2015 Act introduces, among other things, the following changes that affect foreign companies: Registering a branch of a foreign company in Kenya does not create a separate legal entity from the foreign company. Registration is a requirement for all companies that are registered outside of Kenya and intend to operate in Kenya as foreign companies. You won`t realize these benefits until you spend months figuring out how to start a subsidiary in Kenya. Globalization partners will facilitate work in Kenya and other countries. As a global PEO, we have established subsidiaries around the world that you can use. If you choose to outsource subsidiaries to Kenya, we`ll take care of everything from employee onboarding to compliance. When a company is in liquidation, the liquidator must make available part of the company`s net assets in order to satisfy unsecured claims, as required by the Insolvency Code, and may distribute that part to the holder of a floating office only if it exceeds the amount required to repay the unsecured debts. The new procedures now allow a single person to register a limited liability company as a foreigner; This means that you don`t need a Kenyan manager to own the company with you. You can own the business 100%. Companies established outside Kenya can do business in Kenya by registering a branch.
It is an entity that is part of an undertaking organised in such a way that it carries out its activities on behalf of a parent company, as opposed to the exercise of an activity which is merely ancillary or ancillary to the commercial activity of the company as a whole. Another way to be legally recognized in Kenya is to open a registered branch of the parent company in Kenya. This is a faster process for foreign investors and a good alternative to registering a subsidiary. .