How to Register a Foreign Company in Kenya
A comprehensive guide on the registration process for foreign companies in Kenya. This is a guide on how to register a foreign company, quickly and efficiently in Kenya with a talented team of experts. This caters to foreign companies who do not have a local presence in Kenya.
When making an application, the following information and documents are required to be submitted in addition to payment of the fee:
A foreign company is prohibited from carrying on business in Kenya unless it is registered in Kenya under the Companies Act, Cap 486. There are three ways to have local presence in Kenya under the Company’s act:
Branch Office Extension of parent company, not a separate legal entity. Parent bears liability. Corporate tax at 37.5% (non-resident rate), VAT at 16%. It is limited to the same activity as the parent; cannot diversify
Subsidiary (Private Limited Company) Separate legal entity, can be 100% foreign-owned, limited liability. Corporate tax at 30% (resident rate), VAT at 16%. Can diversify activities from Parent.
Representative Office Not a legal entity; liaison only. Not subject to corporate tax (no revenue generation)
Shareholders List: Full list of foreign company shareholders. Local Shareholding is not required.
Beneficial Ownership (Form BOF1): Disclosure of individuals with significant influence/control of the Company.*
Supporting Documents:
Notarized copy of Certificate of Incorporation from country of origin.
Notarized copy of the company’s Constitution/Articles of Association (with certified translation if not in English).
Memorandum for local/resident directors. This outlines the powers of resident directors in Kenya who are members of the local board of Directors. The memorandum must include KYC details and powers of local directors.
FAQs
How long does the process take? Typically 2–4 weeks, depending on document readiness and compliance checks.
What taxes apply after registration? Foreign companies must register with Kenya Revenue Authority (KRA) for PIN, VAT (if applicable), and comply with Etims.
Can a foreign company participate in government tenders? Yes, but subsidiaries are often preferred as they appear as Kenyan entities.
Name Reservation: The proposed name must maintain a clear distinction to avoid confusion and protect the identity and reputation of both companies. This distinction could be achieved by adding descriptive terms or different words to the name. Name reservation is carried out on BRS.
Document Submission: Upload notarized documents and forms.
Payment of Fees: Registration fees vary depending on company type and size.
Review by Registrar: Registrar verifies compliance with Companies Act.
Certificate of Compliance Issued: Confirms registration, company name, identifying number, and date of incorporation in country of origin.
Application Form: Completed application for registration as a foreign company.
Local Representative: Notice of residential address and appointment/consent of a local representative. A local representative is always required to be present at the Registered Place of Business of the company in Kenya when the office is open.
Registered Office: Notice of registered office in Kenya and hours of opening of a foreign company
Registration Process
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Full Registration & Compliance Support
End‑to‑end handling of the registration process with the Registrar of Companies.
Assistance with tax, governance and internal policy compliance
Advisory on sector‑specific licensing (insurance, banking, telecoms, etc.).