The new Kenyan Companies Regulations 2015 gazetted on November 18, 2015 puts down the requirements for a name to be approved for registration of a company in Kenya.
See the criteria below as set out in Regulation 11 & 12 of the new Regulations.
Regulation 11 states that
The name of a company may not consist of more than 160 permitted characters.
Circumstances in which a company name will not be registered
11. A company name may not be registered if —
(a)it is the same as a name appearing in the Registrar’s Index of Company Names, Business Names, Limited Liability Partnerships or Partnerships;
(b)it has a close phonetic resemblance to the name of company, business name, limited liability partnership or partnership that is already registered;
(c)it differs from the name of another company, business name, limited liability partnership or partnership that is already registered only by the addition of the name of a place, locality or region within Kenya;
(d)it is identical to, or closely resembles, that of a name that has been reserved by the Registrar for use in connection with a proposed company, business name, limited liability partnership or partnership;
Regulation 12 further provides that;-
The Registrar is required to apply the following criteria in determining whether a particular name is offensive or undesirable or contrary to the public interest:
(a)the name includes “co-operative”, “society” or “trade union “or any variant or synonym of those words;
(b)the name suggests an association with, or the patronage of, the State or any of its agencies, unless there are circumstances that justify its use;
(c)the name suggests an association with, or the patronage of, a foreign government or an embassy, high commission or consulate representing such a government in Kenya;
(d)the name suggests an association with, or the patronage of, a county government;
(e)the name comprises an acronym that will render its use vague or uncertain;
(f)the name includes the name of a registered trade mark unless a document signed by the owner of the trade mark and indicating consent to its use is provided;
(g)the name is such that the Registrar believes on reasonable grounds that there is reasonable possibility that it could offend members of a particular community or ethnic or racial group.
If you would like to register a limited liability company in Kenya, please contact us on info@capitaregistrars.co.ke or by phone on +254709747555
