If your company is based outside Kenya and you're planning to expand your business into Kenya, this guide is for you. Before you get started, it's important to understand company registration in Kenya for foreign companies, which is handled through the Business Registration Service (BRS). In this guide, I'll walk you through the requirements, process, and the timeframe you can expect.
What Is a Foreign Company?
A foreign company is one that is incorporated outside Kenya but has a place of business established in Kenya. Kenyan law has specific rules that govern these companies.
Requirements
Here is what you need before getting started with the registration:
- A completed application for registration as a foreign company (FC1).
- A certified copy of the company's certificate of incorporation or equivalent document from its country of origin.
- A certified copy of the company's constitution.
- A notice giving the address of each place where the company proposes to carry on business in Kenya.
- A notice giving the address of the company's proposed registered office in Kenya.
You must also appoint a local representative in Kenya. The Companies Act provides specific requirements for local representatives of registered foreign companies.
Steps to Register a Foreign Company in Kenya
Step 1: Prepare the Required Documents
Start by gathering all the documents required for registration. Make sure the information in the documents is accurate and that documents from the company's country of origin meet the applicable requirements.
Having everything ready before starting the application can help you avoid unnecessary delays.
Step 2: Appoint a Local Representative
A foreign company registering in Kenya must have a local representative. The representative provides a local point of contact for the company and has responsibilities under Kenyan company law.
You should therefore choose someone who can fulfil the responsibilities associated with the role.
Step 3: Submit the Application
Company registration is handled online through the eCitizen platform. There, you can submit the required information and supporting documents through the system.
Before submitting your application, make sure you have provided all the required information and documents.
Step 4: Pay the Registration Fee
The current BRS fee for registering a foreign company is KSh 7,550. You can make the required payment electronically through the available eCitizen payment options.
Step 5: Receive the Certificate of Compliance
Once your application has been approved, the Registrar issues a Certificate of Compliance. This confirms that your foreign company has been registered in Kenya.
How Long Does Registration Take?
According to the current BRS fee schedule, registering a foreign company takes approximately 3–5 days. However, your application may take longer if it contains missing information or documents that need to be corrected.
To avoid this, make sure you review your application carefully before submitting it.
What Happens After Registration?
After registration, you may need to register for a KRA PIN and meet your applicable tax obligations. For a foreign company with a permanent establishment in Kenya, KRA requires the Certificate of Compliance, CR12, and PINs for all directors when applying for a KRA PIN.
You may also need to obtain licences or permits from the relevant regulatory authorities if your business operates in a regulated sector.
Wrapping Up
Company registration in Kenya gives foreign businesses a formal way to establish a presence in the Kenyan market.
The process involves preparing the required documents, appointing a local representative, submitting your application and obtaining a Certificate of Compliance.
By understanding the requirements and preparing your documents in advance, you can avoid unnecessary delays and make the registration process easier.