Company Registration Services
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COMPANY REGISTRATION SERVICES
Company registration is also known as the incorporation of a company or the company formation. The rules, regulations and procedures to be followed for company registration, vary from country to country, but there are many things common in the majority of countries all across the world.
The most common things regarding company registration are that a company is considered as being a separate legal entity, different from the legal rights of its members, owners, shareholders, or directors; there are varying company registration processes and services for different types of companies and these diverse forms of companies also facilitate the foreign investors for doing business in any country through making FDI in that country in any desired economic sectors. Our firm has been helping local and foreign individuals and entities in establishing their respective companies in cities all across Kenya and the East African region, in addition to extending our top-notch legal services related to all other major streams of the law. Again, our well-experienced, well-resourced and the innovative firm offers special legal support and services for making FDI in various sectors of the Kenyan economy by investors belonging to Uganda, Tanzania, Rwanda, Zambia, South Africa, China, Mauritius, USA, UK, Germany, Canada, France, UAE, Malaysia, Switzerland, Netherlands, Sweden and most European countries.
Adhiambo Okech & Associates Advocates LLP has been providing company registration law services for setting up all various types of companies in Kenya. These companies compulsorily include the forms of Private Limited Companies (LTDs), Public Limited Companies (PLCs), Limited Liability Companies (Known as LLPs in Kenya), Partnership Firms, Non-Profit Companies (Companies Limited by Guarantee), Charitable Organizations (e.g. NGOs & Trusts) Joint Venture Companies, Export Processing Zone (EPZ) Companies and Branch Offices (BOs). A Limited Company can be a ‘Private’ or ‘Public’ Company. The private limited company has a lesser number of compliances to be fulfilled and lighter disclosure to be made to the public. But, the shares of a private limited company cannot be offered to the general public and hence cannot be traded on stock exchanges, as the public limited companies do. The ownership or operation of the private limited company is privately and closely held by its limited number of members, owners and shareholders. The majority of small companies are private.
Company Registration Process and Services
Reliable and economical company registration process and services at Adhiambo Okech & Associates Advocates LLP, cover the following works and formalities:
- Advice regarding the type of company and proposed Names;
- Scrupulous preparation of Articles of Association (AOA) and the Memorandum of Association (MOA), depending on the type and objectives of the company;
- Properly stamping, digitally signing and e-filing of all necessary documents with the concerned governmental authorities;
- Filling in and sending all requisite forms;
- Obtaining the Certificate of Incorporation, on behalf of our clients
- Preparing the Power of Attorney from subscribers;
- Wise and expert advice over the Annual Returns and Taxation;
- Helping foreign investors and companies to open their offices in a variety of countries;
- All Corporate and Commercial Law Services.
Vital Considerations after registering your company in Kenya
- Clients establishing a trading company should ensure they obtain a VAT number and Personal Identification Number (PIN) from the Kenya Revenue Authority. We will assist our clients to obtain the same.
- Foreign Directors of a Company must also obtain their PIN to be a corporate account signatory.
- Ensure to register the company with National Social Security Fund (NSSF) and the National Hospital Insurance Fund (NHIF).
- To enjoy access to more than one sector economy, Adhiambo Okech & Associates Advocates LLP can assist our clients to apply for an Investment Certificate from the Kenya Investment Authority.
- To secure Business Permit, our clients must secure physical business premises in their intended area of operation. The relevant authority will visit to inspect this office space before a permit is granted.
- After establishing your business, a foreign company will require a local representative. Although the Companies Act is silent on whether this representative must be Kenyan or not, at least the representative must be resident in Kenya.
- Should our clients require to appoint a foreign national as their local representative, the individual must first secure a work permit sponsored by the company.
- Our clients looking to hire foreign/local employees must familiarize themselves with Kenyan labour laws and ensure to follow them to the letter.
- Every foreign-owned company looking to apply for a work permit must ensure to inject capital of $100,000 and provide proof of name.
- To employ a foreign national, a local company must also employ a Kenyan understudy who must be trained to take the position helped by the foreign national unless the individual is senior management or skilled technical employee.
- Adhiambo Okech & Associates Advocates LLP will assist our clients to register trademarks for their services or products under the Trademarks Act Cap 506
- Additionally, if our clients have inventions they intend to introduce in the Kenyan market, it is advisable to first secure a patent with the Kenya Industrial Property Institute;
- It is also important to note that Kenya is a Member of the World Intellectual Property Organization (WIPO).
Our firm successfully assists our clients to incorporate their businesses in Kenya’s Export Processing Zones (EPZ) and consequently benefit from numerous tax and investment incentives. Furthermore, under Vision 2030, Kenya will attract even more foreign investments via new Special Economic Zones.
- With the utilization of seven (7) export processing zones (EPZ) Kenya’s government aims to provide to foreign investors considerate industry-driven estates with quality logistics infrastructure to support export-oriented business. Kenyan EPZ business setups represent an ideal low-cost investment opportunity for companies exporting their products to Africa and the Indian Ocean regions, thanks to optimal East Africa location next to important hubs and customs, extended tax and VAT holidays and incentives and quick transparent company setup procedures;
- The Kenyan Export Processing Zone Authority currently operate 7 free trade zones:
- Athi River, which is most prominent
- Nairobi EPZ
- Mombasa Port City EPZ
- Kilifi EPZ
- Malindi EPZ
- Voi EPZ
- Kimwarer EPZ
- In accordance with Kenya’s Export Processing Zones Act Cap 517, Kenyan free zones offer multiple investment benefits including
- Full 10-year corporate tax holiday and 25% afterward and
- VAT and customs duties deductions and
- Full 10 year withholding tax holidays. As the largest and most developed estate, Athi River EPZ additionally offers full stamp duty exemptions, modern logistics infrastructure and custom duty exemptions for construction and raw materials.
- Foreign investors are required to obtain EPZ Enterprise License from Export Processing Zone Authority in order to conduct activities in any of Kenya’s EPZs. We will be happy to guide our clients through this process by;
- Preparing a feasibility study to evaluate the investment project
- Preparing a quality draft business plan in accordance with the Authority’s guidelines
- Registering a new EPZ LLC company directly with the Export Processing Zone Authority.