• CR Advocates LLP
• Business Registration Practice Area
• June 30, 2023

Step-by-Step Legal Guide: How to Register a Subsidiary in Kenya

Are you looking to expand your business by establishing a subsidiary in Kenya? Registering a subsidiary company is a strategic move for growth, but navigating legal requirements, compliance, and documentation can be complex. This guide provides a step-by-step explanation of how to register a subsidiary company in Kenya, including insights into the legal framework, key processes, and expert tips to ensure a smooth registration. Whether you’re a local entrepreneur or an international investor, this resource equips you with all the information you need to succeed.

How to Register a Subsidiary Company in Kenya

Setting up a subsidiary company in Kenya offers a multitude of advantages. With a rapidly growing economy, favorable government policies, and a strategic location, Kenya has become an investment hotspot for both local and international entrepreneurs. The country’s strong infrastructure, advanced telecommunications network, and reliable transportation systems provide a solid foundation for businesses to flourish.

In a land where innovation thrives, opportunities abound, and the entrepreneurial spirit soars, Kenya stands as a shining beacon for those daring to dream big. Here, amidst the captivating tapestry of bustling markets, entrepreneurs like you are poised to make their mark on the world. But embarking on this exhilarating journey requires more than just an audacious vision—it demands meticulous planning, unwavering determination, and a profound understanding of the documentation required to register a subsidiary company in Kenya.

Documents Required To Register a Subsidiary Company in Kenya

These documents not only comply with legal requirements but also provide a solid foundation for your subsidiary’s success. Let’s explore the captivating world of documentation necessary for the registration of a subsidiary company in Kenya.

1. Memorandum and Articles of Association: A legal document that outlines the purpose, structure, and rules of the subsidiary company in Kenya.
2. List of directors and company secretary: This includes the names, addresses, and identification details of the directors and company secretary of the subsidiary company.
3. Proof of payment of the minimum share capital: This can be in the form of a bank statement or receipt showing the deposit of the required amount into a Kenyan bank account in the name of the subsidiary company.
4. Consent of directors and company secretary: This is a letter from each director and the company secretary confirming their willingness to act in those positions for the subsidiary company in Kenya.
5. Identification cards or passport copies of directors and company secretary.
6. Registered office address: This must be a physical address in Kenya where the subsidiary company will be based.
7. Tax Compliance Certificate: This is obtained from the Kenya Revenue Authority (KRA) and shows that the subsidiary company is in compliance with Kenyan tax regulations.
8. National Social Security Fund (NSSF) certificate of compliance: This is obtained from the NSSF and shows that the subsidiary company is in compliance with Kenyan social security regulations.
9. Licenses and permits: Any licenses or permits required for the business must be obtained before registering the subsidiary company in Kenya.
10. Certificate of incorporation or registration in the home country: This is a document that proves the existence of the parent company and its good standing.
11. Board resolution: This is a document that authorizes the formation of the subsidiary company in Kenya and the appointment of its directors and company secretary.
12. Power of Attorney: This is a legal document that gives someone the authority to act on behalf of the parent company with regard to the subsidiary company in Kenya.
13. 13. Proof of share ownership: This is a document that shows the ownership structure of the subsidiary company, including the ownership percentage of the parent company.
14. Tax Clearance Certificate from the home country: This is a certificate that shows that the parent company is in good standing with tax authorities in its home country.
15. Proof of business activity: This is a document that shows the nature of the business and any relevant experience or qualifications of the directors and company secretary of the subsidiary company in Kenya.

Conclusion

Registering a subsidiary company in Kenya is a significant undertaking, but with the right knowledge and guidance, it can be a rewarding and seamless process. Kenya’s business-friendly environment, coupled with its robust economy, makes it an ideal destination for expanding companies. As you embark on this journey, it is crucial to partner with professionals who have experience and expertise in handling the business registration process in Kenya.

CR Advocates LLP, with its wealth of experience in corporate and commercial law, is well-equipped to assist you every step of the way. Our team of skilled professionals understands the intricacies of subsidiary company registration in Kenya and can provide invaluable guidance and support. With our in-depth knowledge of the legal requirements and procedures, we can help expedite the registration process and ensure compliance with all regulatory obligations.

DISCLAIMER: The information provided in this article is intended for general legal advice and does not constitute legal advice for a specific transaction or case. Since each transaction represents a unique legal context, it is advisable to retain a legal adviser for specific transactions.

To contact CR Advocates LLP, send us an email at info@cradvocatesllp.com or call +254 714887777 or Book a strategy call HERE or direct message us HERE on WhatsApp at your convenience. Our legal team will be happy to help you.