Introduction
A foreign company is prohibited from carrying on business in Kenya (including offering of any debentures and being a guarantor for any debentures offered in Kenya) unless it is registered in Kenya under the Companies Act, 2015.
According to the Companies Act, 2015 a foreign company shall not conduct business in Kenya unless it is registered in Kenya, or has made an application for registration in Kenya but the application has not been finalized within the stipulated period. Conducting business[1], in this respect, is defined to include, but not limited to, offering debentures in Kenya or being a guarantor for debentures offered in Kenya. Thus, for a foreign company to offer a debenture in Kenya or even be a guarantor for a debenture offered in Kenya, the foreign company must be registered in Kenya. An application for registration as a foreign company in Kenya under the Companies Act will be lodged with the Registrar of Companies.
Foreign companies must establish and maintain a registered office in Kenya and may only operate and/or carry on business at a place in Kenya that has been notified to the Registrar.
Requirements
Registration of a foreign company in Kenya starts by an application being made to the Registrar of Companies in the prescribed form. The application should contain the following documents and information:A certified copy of Incorporation Certificate in its country of origin
Certified copy of the Constitution of the company in its country of origin
Names, email addresses and phone numbers of directors and shareholders
A signed Memorandum stating the powers of directors resident in Kenya
A notice of the address of registered office and principal place of business in its country of origin
A notice of the registered office in Kenya
Name, email address, phone number and residential address of a local representative
The name: the foreign company can use either its original name or an alternative name.
No comments:
Post a Comment