Business & Finance Corporations

Registration of a Company in Kenya

    Business Name Approval

    • A company's business name can be crucial to it's success. Thus, a company name should be chosen and and name approval must be obtained from the office of the Registrar General. Simply go in person to the Registrar General's office, complete the name approval form and pay the processing fee. As of 2010, the fee is 100 Kenyan Shillings ($1.28 USD). Employees at the Registrar General's office will perform a search to determine if the selected name is available. If approved, the name will be reserved for 30 days. The company will also receive a document indicating approval.

    Stamp Duty

    • The Kenyan government requires a stamp duty be paid to begin the registration process. This can be achieved by visiting any Kenyan bank and informing a teller that a stamp duty is needed to submit the company's Memorandum and Articles of Association to the KRA. This process will take one day and as of 2010, will cost 2,005 KES ($25.66 USD). An additional 100 KES ($1.28 USD) will be charged by the bank as a commission. A document indicating payment of the stamp duty will be issued.

    Incorporation Documents

    • In addition to evidence of a paid stamp duty, a company must also submit its Incorporation Deed to the KRA. The Incorporation Deed consists of the following documents: the company's Memorandum and Articles of Association, the Statement of Nominal Capital. The Memorandum and Articles of Association is a legal document which is best prepared by a lawyer. Each clause of the document describes elements of the business such as whether it is a limited liability company, a sole proprietorship or another business structure. Additionally, the Memorandum and Articles of Association lists the responsibilities of the company's officers, directors and much more. The Statement of Nominal Capital is a form which can be obtained from the State Law Office's website.

    Declaration of Compliance

    • Under Kenyan law, all potential companies must notarize the Declaration of Compliance form (Form 208). The lawyer hired to finalize registration, a company director or the company's secretary must sign Form 208 in the presence of either a Commissioner of Oaths or a Notary Public. This process costs 200 KES ($2.56 USD), as of 2010. The notarized form is needed to complete registration.

    Registration

    • The Registrar General completes the registration of all Kenyan companies. The process begins with the submission of the following documents and forms: the stamped Memorandum and Articles of Association, the stamped Statement of Capital, Notice of Situation of Registered Office (Form 201), Particulars of Directors and Secretary (Form 203), Declaration of compliance with the Companies Act (Form 208) and a copy of the company name approval. All forms are available at the Registrar General's website. This process costs 5,893 KES ($75.41 USD), as of 2010. Once approved, the Registrar General will issue a certificate of registration which makes the company a legitimate entity.

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