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[ESTABLISHING A BUSINESS ENTITY IN KENYA]
(b) Certified copy of its constitution. (c) List of the directors and the shareholders with all personal details (d) A memorandum executed by the foreign company stating the powers of directors where such directors reside in Kenya and are members of a local board of directors. (e) Documents required under Part XXXII pertaining any charge that would be deemed as registrable by a company incorporated in Kenya. As such the company in this case will be required under Section 878 to file with the registrar the particulars of all charges created by it. Such charges will include: i.
viii. a charge on a ship or aircraft, or a share in a ship or aircraft, owned by the company or in which it has a proprietorial interest; ix. a charge on the company's goodwill or intellectual property. (f) A notice of its registered office in the place of origin or its principal office in its place of origin and a notice of the address of its registered office in Kenya. Once these provisions are complied with and the required fees are paid the registrar is supposed to issue the company with a unique identifying number and a certificate of compliance. The effect of the certificate is that it recognizes the registration of the company as a foreign country operating in Kenya. It equally states the date of registration of the branch in Kenya and the date of the incorporation of the parent company in its place of origin. This certificate is conclusive evidence of compliance with the requirements of registration of a foreign company and shall be signed by the Registrar of companies and authenticated by the Registrar’s official seal. i. Branch must have a local representative ii. Foreign company must have offices. The fees payable on registration of a company is prescribed under sections 975 and 19 of the Companies Act, 2015. The documents required are: (a) Application for registration of a foreign company -FC2 (copy) (b) Notice of place of business- Form FC4 (copy) (c) Notice specifying opening hours of company -Form FC6 (copy)
a charge on land or any interest in land (other than a charge for any rent or other periodical sum issuing out of land) owned by the company or in which it has a proprietorial interest; a charge created or evidenced by a document that, if executed by a natural person, would require to be registered as a bill of sale; a charge for the purposes of securing an issue of debentures by the company; a charge on the company's uncalled share capital (if any); a charge on calls made by the company but not yet paid; a charge on the company's book debts; a floating charge on the company's property or undertaking;
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ILN Corporate Group – Establishing a Business Entity Series
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