Procedure for Registering a Local Company for Foreigners
A local company is a company incorporated in Kenya. It may take the form of:
- A company limited by shares;
- A company limited by guarantee; or,
- Unlimited Company
The registration process for the various forms of local companies is the same, though the requirements and costs vary.
The procedure for registering a local company in Kenya as a foreigner is similar to registering a local company as a citizen, with some differences in the requirements. A foreigner will use their passport to register the company during registration, unlike locals who require a Kenya Revenue Authority (KRA) PIN. Under the mandate of the Business Registration Service (BRS), the government of Kenya oversees the registration process under its e-citizen platform (ecitizen.go.ke).
To register a company in Kenya, you need to access the e-citizen portal and submit three preferred names for your company. If one of the names is approved, you must execute the company registration forms CR1, CR2, CR8, and a statement of the nominal capital. You also need to provide the memorandum and articles of association and the personal information of the directors and shareholders. You need to pay a fee of Kshs. 10,650 for registration. Additionally, you need to get a work permit and register with NSSF, NHIF, and KRA.
Once you have registered the company and you want to register for the KRA Pin, follow the following procedure:
- Apply for the director’s PIN
- Apply for investor registration and request PIN facilitation
- Obtain an endorsement letter
- Obtain the director’s PIN
- Apply for company PIN
- Obtain company PIN
The Requirements for registering a company in Kenya for a foreigner
- Passport, Cover letter, Investment application form, PIN acknowledgment form- non-resident, Certificate of incorporation, Signed memorandum of a company with share capital from the country of origin, Proof of investment, PIN acknowledgment receipt- non-resident, Letter of appointment, Letter of introduction, Proof of investment, PIN certificate, Endorsement letter, List of shareholders and directors, Work permit, Acknowledgement receipt for alien registration, Entry pass stamp, Latest tax return.
Cost
- Free and takes 3½-8 days.
Registering a branch of a foreign company as a taxpayer
Foreign companies can operate in Kenya after registering a local branch in Kenya.
A branch must have a local representative resident in Kenya who may be a citizen or a non-citizen.
The foreign investor should register the branch by submitting certified copies of the company’s articles of incorporation from the country of origin. After registering the branch in Kenya, the company should obtain relevant permits from both the National government agencies and the County Government where the business will operate.
Procedure for registering taxpayer obligation for a branch of a foreign company
- Apply for the director’s PIN
- Apply for investor registration and request PIN facilitation
- Obtain an endorsement letter
- Obtain the director’s PIN
- Apply for company PIN
- Obtain company PIN
Requirements for registering taxpayer obligation for a branch of a foreign company
- Passport, Cover letter, Investment application form, PIN acknowledgment receipt- non-resident, Certificate of compliance, Signed memorandum of a company with share capital from the country of origin, Proof of investment, Letter of introduction, Endorsement letter, List of shareholders and directors, Work permit, Acknowledgement receipt for alien registration, Pin certificate, Entry pass stamp, Last tax return.
Cost
- Free and takes 3½ days to 8 days
