How do foreign companies registered outside of Kenya under the laws of other countries get permission to do business in Kenya under Kenyan law? Any company that wishes to register as a foreign company in Kenya must do so in accordance with the provisions of the Companies Act, 2015. The application must be sent to the Registrar of Companies, together with the relevant documentation and applicable fee.

Following the submission of the required documents to the Registrar of Companies, the Registrar will process the application and, if approved, will issue the Foreign Company with a unique company number that will serve as its identification number as well as a Certificate of Compliance indicating that it is properly registered.

It is crucial to remember that the Registrar of Companies requires a Foreign Company to appoint at least one Local Representative.The role of this person is to act as a liaison for the  company and ensure it’s compliant with all the statutory requirements relating to its operation in Kenya. Also he is to notify the Registrar of Companies of events affecting the Company.

This are the statutory requirements required for Foreign Company to comply with:

• A registered foreign company may not conduct business in Kenya unless it has filed a notice with the Registrar for registration with the relevant   particulars of that location.
• Establish and maintain a registered office in Kenya where all messages   and notices can be sent.
• Shall paint or affix, and keep painted or fastened, in a conspicuous location and in easily legible characters, on the outside of every office and       place (including its registered office) in Kenya where its business is          conducted and that is open to the public.
• Shall state its name and any information in prescribed classes of documents and communications relating to its business in Kenya
• A registered foreign company must lodge a copy of its financial statement made up to the end of its last financial year, in such form and containing such particulars, and including copies of such documents, at least once in every calendar year and at intervals of not more than fifteen months, in prescribed classes of documents and communications relating to its business in Kenya.

At Imperial Registrars, we have a dedicated team with vast experience in the registration of Foreign Companies and ensuring they are compliant with all set laws and regulations.