For Kenyan Citizens attach copies of:
- Identification Card (ID)
- Personal Identification Number certificate (PIN)
- Passport size photo (coloured)
For Non Kenyans (Foreigners) attach copies of:
- Passport pages with bio data
- Passport size photo (coloured )
Do I need to pay Stamp Duty?
Yes. Stamp Duty is still payable to the Collector of Stamp Duty. Applicants should present their documents (Statement of Nominal Capital and Memorandum) for assessment, payment and franking at any Huduma Centre.
Do I need to pay any registration fees?
Yes. The fee schedule is provided in the Regulations and is also accessible on the website. The fee schedule is clear and easy to for applicants to self-assess what amount they should pay. The registration fee is pegged on the Nominal Capital.
Does my company have to file Articles of association?
The Companies (General) Regulations, 2015 provide in schedule 3, 4 and 5 model Articles which companies may adopt. Where applicants adopt the model Articles they do not need to supply them during registration. If the applicants do not adopt such Articles, then they have to provide their own Articles.
Is there a minimum age for directors?
Yes. All directors must be over the age of eighteen. Section 131 applies.
Can a company have only one director?
Yes. Section 128 of the Companies Act provides that a private company is required to have at least one director.
A public company is required to have at least two directors.
A company is required to have at least one director who is a natural person.
Can a company have only one shareholder?
Yes. One or more persons who wish to form a company may subscribe their names to the Memorandum of Association.
Do I need to have a secretary?
Private companies with a share capital of less than 5 million shillings are not required to have a secretary. However all public companies must have a secretary.
Have there been any changes to the Business Names Registration or Limited Liability Partnerships Acts?
No. The registration of Business Names and Limited Partnerships is determined by separate legislation, principally, the Registration of Business Names Act (Cap 499) and the Limited Liability Partnerships Act. As a result there is no change to the processes. Only companies are affected by enactment of the Companies Act 2015.
TAKE NOTE that any documents prepared under the old Companies Act Cap 486 should be lodged with the Registrar, on or before 31.1.2016. Such documents must be dated before the commencement of the Regulations.
Fees payable for such applications shall be the fees payable under the old Act.