Registration of a branch of a foreign company in Kenya
We carry out registration of a branch of a foreign company in Kenya pursuant to Section 974 & 875 of the Companies Act No. 17 of the Laws of Kenya.
To carry out businesss in Kenya, a foreign company has to be registered under the Kenyan Companies Act. Failure to register the foreign company in Kenya will lead to a fine of Kshs. Five Million Shillings.
Procedure for the registration of a branch of a foreign company in Kenya
Under Section 975 of the Companies Act, 2015, the following are the requirements for the registration of a foreign company (branch);
(a) certified copy of a current certificate of the foreign company’s
incorporation or registration in its place of origin, or a document of
similar effect;
incorporation or registration in its place of origin, or a document of
similar effect;
(b) a certified copy of its constitution;
(c) a list containing the names of its directors and shareholders and their
personal details;
personal details;
(d) if that list includes directors who—
(i) reside in Kenya; and
(ii) are members of a local board of directors a memorandum that
is duly executed by or on behalf of the foreign company and
states the powers of those directors; and
(i) reside in Kenya; and
(ii) are members of a local board of directors a memorandum that
is duly executed by or on behalf of the foreign company and
states the powers of those directors; and
(f) notice of the address of—
(i) if it has in its place of origin a registered office for the purposes
of a law there in force—that office; or
(ii) otherwise — its principal place of business in its place of origin;
and
(i) if it has in its place of origin a registered office for the purposes
of a law there in force—that office; or
(ii) otherwise — its principal place of business in its place of origin;
and
(g) notice of the address of its registered office under section 983. A foreign company in Kenya is require to maintain a registered office where all communications maybe sent.
Registrar issues a Certificate of Compliance signifying the registration of the Foreign Company is complete.
Time scale
It takes approximately 4 weeks to secure the Certificate of registration or in this regard “a Certificate of Compliance”
We can assist you to register a branch of your foreign company in Kenya, please contact us on info@capitaregistrars.co.ke or swanjiru@capitaregistrars.co.ke
What next?
Download our checklist for Registration of a Foreign Branch in Kenya and send to us on info@capitaregistrars.co.ke with the requisite documents.
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