Section 3 of the Companies Act provides that a foreign Company is a Company that is incorporated outside Kenya.
Section 974 of the Companies Act provides that a foreign company shall not carry on business unless it is registered in Kenya, according to the provisions of the Companies Act.
Process for registering a foreign Company
- Log in to the e-Citizen portal.
- Select Business Registration Service- Foreign Company.
- Apply for the reservation of Business name- submit three (3) names- You will receive a confirmation of the approved within 24 hours.
- Fill in the nature of business.
- Fill in Director(s) details, shareholder details, address, and upload the memorandum and articles of association.
- Fill in the local agent details- foreign companies must appoint a local agent who resides in Kenya. They act as a representative.
- Pay the required fees for registration- Kshs. 7550.
Once the Registrar is satisfied that the application has met all requirements, they will process and thereafter issue a Certificate of Compliance for successful applications.
- Scanned certified copy of the memorandum of the company.
- Scanned certified copy of articles of association.
- Scanned Passports and passport photos of Directors.
- Agents documents:
- Scanned Copy of ID and KRA Pin.
- Scanned passport photo.
- Practicing certificate, certificate of no objection (if required).