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How to Obtain a Trade Licence in Kenya
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|How to Obtain a Trade Licence in Kenya by Kenyans247(1): Thu Jan 2020 10:39am|
Obtain all necessary documents.
Fill in and submit the application form along with all other requirements.
Pay the license fee.
The applicant registers the Memorandum and Articles of Association and request a trade license. after reviewing the documents, the Commercial register delivers a registration certificate and the Starting a Business Details appropriate license.
Any applicant requesting for the issuance of a business license, shall supply the documents prescribed under Trade Licensing Act 497.
Where the applicant is a foreign investor and requests for a business license desiring to buy and run an enterprise in its existing situation; shall, in addition to the documents provided for under Trade Licensing Act 497, submit to the Ministry photocopies of his passport and document evidencing the sale of the enterprise from the Privatization and Public Enterprises Supervising Agency or where the purchase is from private, an authenticated document evidencing the conclusion of the sale, as may be appropriate.
Where the applicant is a business organization, it shall together with the application submit the following documents to the appropriate authority:
Commercial registration certificate,
Authenticated original copies of memorandum and Article of association of the business organization,
Passport size photographs of the manager taken with in six months time,
Where the application is submitted by an attorney, an authenticated power of attorney and photocopies of National identification card or passport of the attorney,and documents prescribed Trade Licensing Act 497 of this Article.
Where the applicant is a public enterprise or a regional public enterprise, it shall together with the application submit the following documents to the appropriate authority:
Commercial registration certificate,
The law of its establishment,
The appointment letter of the manager and his passport size photographs taken with in six months time,
Where the application is submitted by an attorney, an authenticated power of attorney and photocopies of the attorneys National identification card or passport, and documents prescribed under Trade Licensing Act 497 of this Article.
Companies are encouraged to register to the Regional Trade & Industry bureau closest to their business. These bureaus have the power to issue the registration and license to newly registered businesses.
Filing an Appeal
Applicants who are aggrieved by the decision of either the Licensing Committees or or both may appeal in writing to the Regional Boards within 30 days of the notification of the decision.
Applicants who are aggrieved by the decision of the Regional Appeals Board may appeal in writing to the Minister of Trade and Industry within 30 days of the notification of the decision.
Completed Application Form and application fee of Ksh 1000.
Copy of Certificate of Incorporation for a company or registration certificate in case of individuals or partnership applicant.
Certified copies of Form 2, and copies of share certificates of the company directors and shareholders.
Proof of availability of business premises (written undertaking lease in lieu of agreement or tittle deed).
Certified copies of valid ID for citizens, and passport for non-citizen Directors and Shareholders
Certified copies of valid work and residence permits for non citizen managers.
A covering letter explaining how the business would operate and provide itemized list of goods or services.
Satisfactory Physical Planners report for zoning of the plot.
Satisfactorily Environmental Health report for the business premises from District Council Health Inspectors
Drug and Regulatory Inspection report in case of Pharmaceutical Products and Pharmacy licence (Ministry of Health Quarters)
Clearance letter from Kenya Bureau of Standards (BOBS) in case of filing station or of a Liquid Petroleum Gas seller.
Office Locations & Contacts
THE E-REGISTRY REPUBLIC OF KENYA.
Tel: +254 (20) 2252299 ext 33173.
Fax: +254 20 234 5465
Address: P.O.Box 30007 - 00100,Nairobi, Kenya
A person conducts a business if he is -
(i) the owner or a part-owner of the business; or
(ii) the person controlling or a person partly controlling the business: or
(iii) a person interested in the business, but, subject to section 23 of the Penal Code, where a corporation conducts a business a person who is director or shareholder in that company does not by reason only of his directorship or shareholding conduct the business of that corporation;
Payment is done at the same time.The fees depend on the company's registered capital. If the company has a registered capital of Ksh. 1,500,000 the registration fee is ETB 15,000,
The licensing fee is Ksh. 10,000
Forms and cards cost 1200, and stamps cost Birr 1000.
If the company's registered capital is Ksh 2,000,000,
The registration fee is 20,000, the licensing fee is Ksh 2000, and the costs of forms and cards and stamps remain Ksh 1000
Valid for 1 year
processing take 15-30 days
Please ensure that you print the form on legal size paper (8/1/2 X 14).
Please ensure that the form is completed in its entirety
Please sign the bottom
Full name of Applicant
Registered/Residential Address of the Applicant
Date of Birth
Place of Birth
Nationality of the Applicant
Description and Location of Property
Condition of Property
Name, Address and Nationality of vendor
Need for the Document
For any business to operate and without hitches and interference from the authorities you as the business owner must comply with the rules set for the specific business type whether by the central government or by the local authority.
In Kenya there is a range of trade licenses and business permits that an entrepreneur is expected to have for them to be considered to be running a legitimate business.
Any person desiring to engage in a commercial activity shall submit to the appropriate authority application for Trade license by completing an application form.
Doing business in Kenya requires business registration and licensing. The Kenyan government with the objective of improving the existing commercial registration, implementation and business licensing rules the Kenyan Company Registrar and Business Licensing Trade Licensing Act 497.
The Ministry of Trade and respective trade bureaus in different regional administration of the country are responsible bodies for business registration and license.
The Trade Act of kenya provide for the establishment of the Trade Licensing Committees, Control Authorities and the Regional Appeals Boards. The issuance of licences has been decentralized to the Local Authorities.
(1) No person shall conduct any business, except under and in accordance with the terms of a current licence.
(2) No person who is not a citizen of Kenya shall conduct a business -
(a) in any place which is not a general business area; or
(b) in any specified goods,unless his licence specifically authorizes him to do so.
(3) No licensee shall enter into any business transaction unless the business with which the transaction is entered into is carried on under a licence.
(4) Any person who contravenes subsection (1), (2) or (3) shall be guilty of an offence and liable to imprisonment for term of one year or to a fine not exceeding ten thousand shillings or to both.
(5) Where a person is convicted of an offence under this section, the Minister may -
(a) where he is the holder of a licence, in writing revoke the licence;
It is important to note that most of these business licences and permits vary depending on size of business and number of employees.
Before a business can begin operating, owners must first obtain a license to trade. Following are procedures on how to apply for a trade license.
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