Business Registration Services
We offer business registration services for enterprises with the Business Registration Service is a State Corporation established to administer policies, laws, and other matters relating to the registration of Companies, partnerships, firms, and corporations carrying on business under a business name, bankruptcy, hire-purchase, and security rights (Section 4(1) of BRS Act, 2015).
Business Formations you Can Register
Limited Company
This is a legal entity formed by owners referred to as Shareholders. It is separate from the owner. It is recognized as a natural person that has perpetual succession. It can own and hold assets in its name; it can be sued or sue other parties, amongst other features. A limited company is the best option to consider when registering a business due to its benefits.
Requirements to Register a Limited Company
- 3 Proposed Names
- Directors & Shareholder Details
- Office Address
- Shareholders Share Distribution
- Objective of the Company -Business Activities
Foreign Branch Company
This is a registered branch office of another company overseas.
- 3 Proposed Names
- Notarised Directors & Shareholder Details
- Office Address
- Objective of the Company -Business Activities
- Notarised Foreign Company Certificate of Incorporation
- A Kenyan Local representative
Partnership
This is an entity formed by individuals who come together known as partners. The Partnership can either be registered with unlimited liability or with a Limited liability – an LLP. A partnership is formed from a minimum of two partners. A partnership deed is the principal constitution for the Partnership that outlines the different rights and obligations, powers, and profit/loss sharing ratio of the partners
Requirements to Register a Partnership
- 3 Proposed Names
- Partners Details
- Office Address
- Partners Profit/Loss Sharing Ratio
- Objective of the Partnership -Business Activities
Business Name
The Business Name is the simplest business form under which one can operate a business. The Business Name is not a legal entity. It simply refers to a person who owns the business and is personally responsible for its debts.
Requirements to Register a Business Name
- 3 Proposed Names
- Proprietor Details
- Office Address
- Objective of the Entity -Business Activities
Registration of Foreign Companies
Foreign Companies Registration in Kenya
We offer company set-up services for foreigners and foreign investors who want to set up a Foreign Branch Company in Kenya or set up subsidiaries in Kenya of their overseas companies. We also guide foreigners in setting up locally domiciled companies.
Kenya is a prime location for foreign investors and businesses that would like to tap into the opportunities available. A frontier launching pad to access the East African region and the African Continental Free Trade Area, among other benefits.
I have traveled to many countries to report on business news, However nothing matches the business acumen and readiness for investment that I have observed in Kenya Including the world Bank optimism to a marvelous GDP growth. I must says Kenya is the new business Destination in Africa
Richard Quest
Get Started with Company Formation Services
Basic Company Formation
Limited Liability Company
Registration of Limited Company with BRS, with deliverables as Certificate of Incorporation, CR12, KRA- Income Tax Obligation, and AGPO for entities that meet the threshold requirements for AGPO.
Basic Unlimited Partnership Formation
Unlimited Liability Partnership
Registration of Limited Company with BRS, with deliverables as Certificate of Registration CR13, Partnership KRA- Income Tax Obligation, and AGPO for entities that meet the threshold requirements for AGPO.
Basic Business Name Formation
Sole Proprietorship
Registration of Business Name with BRS, with deliverables as Certificate of Registration and AGPO for entities that meet the threshold requirements for AGPO.
Business Licensing
Beyond registration with the Business Registration Services, the registered entity is required to get Licensed by different government agencies depending on the Services and activities it will undertake.
This is issued by the County Government where the business is located.
Most counties have set up online portals for their issuance, you can learn more on our post here
These are permits issued to Foreigners by the Directorate of Immigration for them to conduct business in Kenya. The permits include Class D Employment Permit, Class G Investor Permit, etc. Read more on the Permit here
The Kenyan business environment is highly regulated with different agencies set up to register, monitor, and regulate enterprises conducting business within those sectors.
The following sectors are regulated:
- Agriculture
- Education
- Energy
- Manufacturing
- Tourism
- ICT
- Finance
- Import-Export
- Construction
Read more on Business Environment Regulations here
There are Statutory obligations that an entity has to meet including payment of taxes, payment of employee social security, and retirement benefits. This means that the entity will require a professional accountant, like us, to have a payroll set up to account for the statutory deductions to avoid noncompliance penalties. In addition, have mandatory WIBA insurance for employees.
Registration Partner Agencies
Business Registration Services
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Frequent Asked Questions (FAQ) On Business Formation
One or more legal persons (which includes individuals, companies, government-owned entities, non-profit organizations and other legal persons excluding an unincorporated Trust) can form a company by subscribing their names to a memorandum of association.
- Business Name
- Partnership
- Limited Company
- Foreign Company
This type of company has share capital and the liability of each member is limited to the amount, if any, unpaid on their shares. A private company cannot offer its shares for sale to the general public and may not have more than fifty (50) members.
This type of company does not have share capital and its members are guarantors rather than shareholders. The liability of members is limited to the amount they agree to contribute to the company’s assets if it is liquidated
This type of a Company is a Branch of a Company registered outside of Kenya, that has established a place of business in Kenya
Every company must have a registered office. The registered office must be a physical location where notices and other communication can be delivered to the company. The registered office does not need to be the place where the company carries on its day-to-day business. For a start-up, it also could be the Director’s Residential address.
A company may have one natural shareholder. A private company must not have more than 50 members. There is no limit on the number of members that a company limited by guarantee, a public company or an unlimited company may have.
A private company may have one director while a public company or a company limited by guarantee must have at least two directors. At least one company director must be a natural person. All directors who are natural persons must be at least 18 years old.
Private companies with a share capital of less than KES 5,000,000 are not required to have a secretary. However, all public companies must have a secretary. A company secretary must be qualified under the Certified Public Secretaries of Kenya Act.
This will depend on the nature and activities the company is undertaking. Some sectors require locals to be part of the company shareholding.
Yes, a foreign Company Branch must have a Local Representative
For a Private company, there are minimal operations it can undertake. Depending on the industry and sector in which it is carrying out activities, it will require to be licensed by the regulators. E.g Construction – NCA
Kenya has emerged as one of Africa’s ‘frontier economies’, and I am very interested in learning how the country’s leaders and people will build on this success moving forward
Christine Lagard President, European Central Bank