The principal types of business enterprises in Kenya are:
- Registered Companies (Private and Public)
- Branch offices of companies registered outside Kenya
- Sole Proprietorships; and
In order to register your company, you will need to;
- Reserve a company name and get it approved Registrar of Companies
- Prepare the Memorandum of Association and Articles of Association.
- Complete various forms including Statement of Nominal Capital, Particulars of Directors and Shareholders, Situation of Registered Office and Certificate of a Lawyer involved in the Formation of the Company,
- Stamp the Memorandum of Association and Articles of Association and the Statement of Nominal Capital at the Lands Office together with payment of stamp duty on Nominal Capital.
- File all the forms together with one stamped copy of the Memorandum of Association and Articles of Association with the Registrar of Companies.
You will then be issued with a Certificate of Incorporation by the Registrar of Companies. For public companies, in addition to the Certificate of Incorporation, the Registrar will issue a Trading Certificate
Opening a branch office of an overseas company
An overseas company wishing to open a branch office in Kenya should deliver the following to the Registrar of Companies:
- A certified copy of the Charter, Statutes or Memorandum and Articles of Association of the Company, or other instruments defining the constitution of the company;
- A list of the directors and secretary of the company, giving full names, nationality and other directorships of companies in Kenya;
- 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 authorised 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.
Register with KenInvest
You can reduce the bureaucracy you face in relation to licensing, immigration and negotiating tax incentives and exemptions from the relevant authorities by registering with Kenya Investment Authority. In order to do this, you will need to;
- Fill the Investment Application Form
- Engage legal advice in Kenya.
- Register Your business
- Submit Application Form + Certificate of Incorporation + Articles and memorandum of association to KenInvest
- Issue of The Investment License
You will be then be issued with an investment Certificate after your project has undergone an Environmental, Health and Security impact assessments depending on the sector.
Download the necessary documents here KenInvest