A foreign company in Kenya refers to a limited company incorporated in another country but seeking to conduct business in Kenya. To operate legally in Kenya, such a company must register its branch with the Registrar of Companies and obtain a Certificate of Compliance, as outlined in the Companies Act, Cap 486 of the Laws of Kenya.
Foreign companies can either:
- Register a branch: A branch is an extension of the foreign entity and operates under its name.
- Incorporate a subsidiary: A subsidiary is a separate legal entity registered locally in Kenya.
Procedure for Registering a Foreign Company in Kenya
1.Name Search and Reservation
Conduct a name search on the eCitizen platform to ensure your company’s name is unique and not already in use. .
2. Prepare Required Documents
Gather all the necessary documents, including those for the company and local representative.
3. Submit the Application via BRS Portal
Log into the Business Registration Services (BRS) portal on eCitizen. Fill out and submit Form FC1 (Application for registration as a foreign company), along with the supporting documents.
4. Pay Registration Fees
Government fees range from KES 10,750 (USD 100) depending on the specifics of your application.
5. Approval and Issuance of Certificate
Upon successful review, you will receive a Certificate of Compliance, officially authorizing your company to operate in Kenya.
Registering a branch of foreign company in Kenya allows the company to:
- Operate legally and establish a presence in Kenya.
- Access local and regional markets.
- Build trust with local clients and partners by demonstrating compliance with Kenyan regulations.
Register a subsidiary company in Kenya.
Key Requirements for Registering a Foreign Company in Kenya
To register your foreign company in Kenya, you will need to submit the following documents and information:
For the Foreign Company
- Certified copy of the Certificate of Incorporation from the country of origin.
- Certified Memorandum and Articles of Association, translated into English if necessary.
- Contact details of the company, including postal address, email, and phone number.
- Details of the registered office in the country of origin, including address and contact information.
- Names, addresses, and contact details of the directors and shareholders.
For the Local Representative
A foreign company must appoint a local representative in Kenya to receive legal notices and communications. Requirements for the local representative include:
- Full name and contact details (postal address, email, and phone number).
- National ID of the local representative.
- KRA PIN Certificate.
- Recent passport-sized photograph.
Forms Required for Foreign Company Registration
The following forms must be completed as part of the application:
- Form FC 1: Application for registration as a foreign company.
- Form FC 2: Statement for the use of an alternative name.
- Form FC 3: Notice of residential address or changes for the local representative.
- Form FC 4: Notice of business hours for the company’s registered office in Kenya.
Compliance for Foreign Companies in Kenya
Once registered, foreign companies must adhere to Kenyan legal requirements, including:
- Taxation: File and pay corporate taxes, VAT, and withholding tax as applicable.
- Statutory Contributions: Ensure compliance with the National Social Security Fund (NSSF) and National Hospital Insurance Fund (NHIF).
- Annual Returns: File annual returns with the Registrar of Companies.
- Employment Laws: Adhere to Kenyan labor laws for any employees hired locally.
Costs of Registering a Foreign Company in Kenya
The cost of registering a foreign company include is KES 7550. This costs include the Name Reservation, the Fees and the Certificate of Compliance.
F.A.Q
Foreign company registration FAQ's
Do i need a local representative to register a Foreign company in Kenya?
Yes, you require a local representative to register a foreign company in Kenya as a statutory requirement.
How long does it take to register a foreign company in Kenya?
The application and registration of a foreign company in Kenya typically takes about 10 days.
What are the advantages to foreign companies in Kenya?
Some of the advantages of registering a foreign company in Kenya include.
- Keeping your corporate identity
- Non-resident companies are subject to Kenya corporate income tax only
- ETC
Can a foreign company open a bank account in Kenya?
Yes a registered and compliant foreign company may open a bank account if it complies with the Central bank of Kenya regulation such as
- The Foreign directors must have immigration status Eg Work permit, may open bank accounts in Kenya.
- The foreign directors must have a Kenya Tax PIN registration.
Can a foreign company operate in Kenya?
Yes, a foreign company that has been registered and issued with a certificate of compliance can upon issuance of other licenses and permits conduct its business and operations in Kenya.
Online Foreign company registration in Kenya.
We provide a reliable online registration of a branch of a foreign company in Kenya.