Company Registration Services in Kenya

2max group

Company Registration Services in Kenya

Kenya is one of the fastest growing economies in the world with plenty of opportunities for business startups. Therefore, many new players are always looking to enter the Kenyan markets or expand their existing businesses to leverage Kenya’s competitive advantage. Whether it be a foreign company eyeing a business set up in Kenya, or Kenyan company looking to expand, The Companies Act,  governs all such entities and makes it necessary for them to register. We at 2Max  Group cater to all the requirements regarding such company formation in Kenya.

Types of Company Registration Services in Kenya

  • Registered Companies (private and public)
  • Branch office of a foriegn registered company
  • Partnership
  • Limited Liability Partnership
  • Sole proprietorships
  • Societies

We at 2Max Group have the expertise and the resources to provide you with all kind of company registration services in Kenya falling under these 4 main categories. However, our services are not limited to these mentioned above. We have multiple years of experience in this field and make sure that you as a business get your company formed through the best company Formation consultants in Kenya.

Picking the Right Business Structure is vital

We as an experienced company formation consultants’ firm in Kenya, would like to help you with company formation in kenya under the right business structure. We guide you and work with you to understand the nature of your business and then would advise you on the right structure your business falls under and what should be the structure under which you should operate your company. It could be a Limited company registration or a LLP registration, that depends on what kind of business you run.

2Max Group will help you in every step of incorporation of the company in Kenya as per your requirements. We require certain documents and details from you and will help and guide you throughout the process.

 

Public and Private Companies

The process of company Registration in Kenya may take up to 1-3 weeks and includes:

  • Applications for registration must be accompanied by a minimum of 3 names.
  • Preparation of the Memorandum of Association and Articles of Association. A private company will require at least 1 shareholder, while a public company will require at least 7.
  • There is no restriction on the nationalities of Directors and all directors must be registered as taxpayers with the Kenya Revenue Authority before being registered as a Director. The particulars of Beneficial Owners with threshold of 10% ownership must be disclosed.
  • Completion of various forms including Statement of Nominal Capital, Particulars of Directors and Shareholders, Situation of Registered Office. Directors and Secretaries (where applicable) must signify their consent to act in the respective capacities.
  • Filing of the forms above.
  • Issue of a Certificate of Incorporation by the Registrar of Companies. For public companies, in addition to the Certificate of Incorporation, the Registrar will issue a Taxpayer’s PIN Certificate, NSSF and NHIF registrations.

Branch of an Overseas Registered Company

A company incorporated outside Kenya may carry on business in Kenya through a branch. The following documents are required for formation of a company in Kenya as a branch of a foreign company (also referred to as a foreign company carrying on business in Kenya).

  • A certified copy of the Charter, Statutes or Memorandum and Articles of the company, or other instruments defining the constitution of the company;
  • A list of the directors and the secretary of the company;
  • A statement of all existing charges entered into by the company affecting properties in Kenya;
  • Names and postal addresses of one or more persons resident in Kenya authorized to accept, on behalf of the company, service of notices required to be served on the company;
  • Full address of the registered or principal office of the company in its home country; and
  • Full address of place of business in Kenya.

The Registrar issue a Certificate of company Registration in kenya. Companies that may want to have representative or liaison offices are required to register using the above process.

Partnership

  • A partnership is restricted to a maximum of 20 persons, each of whom is jointly and separately liable for all debts incurred. If these numbers are exceeded, the partnership must be registered under the Companies Act.
  • A partnership may be formed by any kind of agreement. This need not be formal but is usually in writing. If the partnership does not trade under the names of the partners, the business names to be used by the partnership must be registered under the Registration of the Business Names Act, Chapter 499 of the Laws of Kenya.
  • A Partnership is required to file the statement of particulars form with the Registrar of Companies. The form has to be signed by all the partners. Partnership agreements do not have to be filed with the Registrar of Companies. The Registrar will then issue a Certificate of Registration.

Limited Liability Partnership

  • A Limited Liability Partnership (LLP) may be formed under the Limited Liability Partnership Act, 2011.  A natural person or a body corporate may be a partner in an LLP. In addition, the LLP must have a manager who must be resident in Kenya.
  • The partners in an LLP have limited liability but the provisions of the Partnership Act apply in all other respects.

Sole Proprietorship

A sole proprietor is personally liable for all debts incurred.

The proprietor is required to file the Statement of Particulars form with the Registrar of Companies Where a proprietor does not trade under his personal names, the business names used by the proprietor have to be registered under the Registration of Business Names Act. The Registrar will then issue a Certificate of Registration.

Conclusion

For a successful company registration in kenya, an investor is required to be in constant contact with professionals. The investor must be correctly informed about the specificities of local business environment. It ranges from taxation matter, business venues, business registration processes and the many requirements for compliance with the Kenyan law.

Accessing valid information from the Registrar of Companies can sometimes be a challenge since the business environment and its legal framework are regularly updated. Therefore, business successful registration is not only about submitting an application file. It is more about receiving valuable insights from your partner locally that will help you to implement your strategy without a hitch. It is only this way that you will enable your business structure to start off successfully.

Once your company is duly registered in Kenya, then you can apply for a Tax Identification Number in order to start your payroll with the recruitment of local employees and expatriate staff.

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