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Legal

LEGAL AND INCORPORATION OF BUSINESS

Companies incorporated outside of Kenya can do business in Kenya by registering a branch. The registrar of companies issues a certificate of compliance once all the requirements have been met.

Documents required for incorporation of a Company in Kenya

•Form 203 – Particulars of Directors and Secretaries
•Form 201 – Statement of Registered office
•Form 208 – Declaration of compliance with the requirements of the Companies Act
•Statement of Nominal Capital
•Memorandum and Articles of association.
•Copy of ID / Passport for the Shareholders / Directors;
•2 passport photos of the Shareholders / Directors;
•Copy of PIN certificate for the Shareholders / Directors;

For incorporation of Public companies in Kenya these additional documents will be required:
• Form 209 – Consent to act as a director
• Form 210 – List of persons who have consented to act as a director.

Registering a company in Kenya has certain benefits: the shareholders and directors enjoy limited liability that is to say since the company is separate from the members they are not liable for the debts of the company, the company can hold property in its own name unlike general partnerships whose property is in the names of the partners jointly, the company can sue and be sued, easier access to funding is also another advantage

Depending on its size, a company may be legally required to have their financial statements audited by a qualified auditor, and audits are usually carried out by accounting firms.