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How to Register a Company in Kenya

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How to Register a Company in Kenya by Kenyans247(1): Fri Mar 2020 08:44am
Procedure
Name search: You write a letter to the registrar to reserve your desired name. The name may be accepted or rejected based on a similarly named business or offending the rules on name reservation. This part takes two days. If accepted the registrar will reserve the name for 30 days.
Prepare Memorandum and Article of Association and Statement of Nominal Capital: These documents describe the objectives, rules, subscribers and authorised share capital of your company. They are prepared by an advocate.
Pay Stamp Duty: The amount of money that you pay depends on your declared nominal capital, but the minimum is KES. 2,140 based on the minimum nominal capital of KES. 2,000.
Situation of Office Form 201: Fill this form that notes the registered office address of the company, and to be signed by one director or the company secretary
List of Directors Form 203: Fill this form that lists the directors and secretary of the company. This is stamped by the company secretary
Declaration of Compliance Form 208: Get a commissioner of oath must sign this form on your behalf.
File Documents at Registrars office: You then need to file your documents at Companies Registry and pay the registration fee. This includes your memorandum and articles of association. There is a varied fee attached to this. You should receive a certificate of incorporation after a period of about 21 days
Get your Company Seal: This is a device that embosses your company name on documents and is used as a signature of the company. It can be purchased from a stationer.
Statutory Requirements
Register for a Personal Identity Number, Value Added Tax & Pay-As-You-Earn with the Kenya Revenue Authority.
Register for the National Hospital Insurance Fund. This is mandatory medical contribution for your employees.
Register for the National Social Security Fund. It is mandatory to contribute to your employees retirement fund.
Register for a Business Premises Licence. This application is made to the local county office. You will need a premise prior to submitting this application.

Required Documents
Name Reservation
Memorandum and Article of Association and Statement of Nominal Capital
Declaration of Compliance Form 208
List of Directors Form 203
Situation of Office Form 201
Company Seal
Stamp Duty Payment

Office Locations & Contacts
Registrar of Companies
Office of the Attorney-General and the Department of Justice,
Sheria House on Harambee Avenue, Nairobi
Nairobi, Kenya
P.O. Box 40112 - 00100 Nairobi
Telephone: +254 020 2227461 / 2251355
Fax: +254 020 213956.
Email: info.statelawoffice@kenya.go.ke
http://www.attorney-general.go.ke/

Huduma Centers.http://www.hudumakenya.go.ke/#slide-4

Eligibility
Must be 18 years and above

Before you start trading legally in Kenya you need to register a company. In Kenya, companies at registered at the Registrar of Companies at Sheria House on Harambee Avenue.


Fees
Depends on declared nominal capital, Minimum Kshs 2140


Instructions
Location Where Service Is Provided: KRA-Times Tower, Huduma Centres

You need to have:

Company Name.
Registration Forms.
Correct Fees for Stamp Duty and Professional Legal Services.
Address where your Company will be Registered
A simple business plan

Required Information
Business name
Nature of business
Date of commencement
Address of the principal place of business (Plot No., Section and Name of Street or Road)
Postal address
Address of any other place of business (Branch Office under the above name)
Particulars of proprietor or partners

Need for the Document
It is advisable to register your company before you start trading legally, in Kenya. There are 5 legally recognized business entities which include Registered Companies (private and public), Branch offices of companies registered outside Kenya, Partnerships, Sole proprietorships and Co-operatives. For the startup business, you are mainly going to consider registered private company, partnership or sole proprietorship.


Information which might help
Limited Company Registration Process

Memorandum and articles of association
A company needs a memorandum and articles of association which sets out the objectives of the company and the internal constitution of the company. These documents should be drafted by a registered lawyer who is in the current roll of lawyers at the Law Society of Kenya. This costs between Kshs. 4,500 Kshs. 10,000.

The lawyer should also fill the following forms:

Form 208 which is a compliance form and should be signed by the lawyer registering the company.

Form 201 - which notifies the registrar of the registered office of the company.

Filling Form 203
This form is filled and signed by a Certified Public Secretary of Kenya (CPS) who must be a current member of the Institute of Certified Public Secretaries (ICPSK). This form covers the particulars of the company directors and company secretary. This costs between Kshs. 2,500 and Kshs. 5,000.

Stamp Duty
Once the memorandum & Articles have been prepared, you should lodge the documents with the registrar of companies for payment of stamp duty. This may take 1-3 days. Stamp duty will cost from Kshs. 3,150 depending on the Nominal Capital of the company. Once the stamp duty has been paid, you should forward the documents to the Registrar of Companies together with forms Form 203, Form 201 and Form 208. You will need to pay Kshs. 2,800. Registration takes between 3 to 4 weeks.


Partnership/Sole Proprietorship

The process of registering a sole-proprietorship and partnership is the same.

The process is as follows:

After the name search, if your chosen name is available for registration you will get a form (Form BN/2) from the registrar of companies.
You will need to fill out Form BN/2.
For a sole proprietorship, the part where it says Particulars of proprietor or partners will bear only one name. For a partnership, this part can have up to 20 partners.
After you have completed the form, take it back to the Registrar of Companies. You will need to pay Kshs. 800.
Registration takes between 2 to 3 weeks.


Others
When you want to register a business in Kenya the first thing you need to do is conduct a name search. This is a must for all businesses. It costs Kshs. 100 per name and it takes three days. It is advisable to search for more than one at a time so as to save on time. The company name reservation lasts 30 days and can be renewed for a similar period.

Form 203A this form covers the particulars of the company director and secretary.

Form 201 this form notifies the registrar of the registered office of the company.

Form 208 this compliance form is signed by the lawyer registering the company.

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