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Section 975 of The Companies Act No. 17 of 2015: Application for registration of foreign companies

    

(1) Subject to this Part, a foreign company that wishes to be registered as a foreign company shall lodge with the Registrar an application that is in accordance with this Division.
(2) The Registrar shall approve the application for registration and register the company by entering its name and other particulars in the Foreign Companies Register, if the application—
(a) contains the information prescribed by the regulations for the purposes of this section;
(b) deleted by Act No. 38 of 2016, s. 85;
(c) is accompanied by the prescribed fee, if any, and the required documents; and
(d) complies with the requirements of this Part with respect to the company's name and the appointment of a local representative.
(3) The documents required to accompany the application are—
(a) a certified copy of a current certificate of the foreign company's incorporation or registration in its place of origin, or a document of similar effect;
(b) a certified copy of its constitution;
(c) a list containing the names of its directors and shareholders and their personal details;
(d) if that list includes directors who—
(i) reside in Kenya; and
(ii) are members of a local board of directors a memorandum that is duly executed by or on behalf of the foreign company and states the powers of those directors; and
(e) in relation to each existing charge on property of the foreign company that would be a registrable charge if the foreign company were a company formed and registered under this Act, the documents that would be required to be lodged for registration with the Registrar under Part XXXI; and
(f) notice of the address of—
(i) if it has in its place of origin a registered office for the purposes of a law there in force—that office; or
(ii) otherwise — its principal place of business in its place of origin; and
(g) notice of the address of its registered office under section 983.
(4) On registering a foreign company under subsection (2), the Registrar shall—(a) allocate a unique identifying number to the company.
(b) issue to the company a certificate of compliance that complies with subsection (5).
(5) A certificate of compliance complies with this subsection if it states—
(a) the name of the company and its unique identifying number and the fact that the company is registered under this Act as a foreign company;
(b) the date of its registration as a foreign company and the date of its incorporation in its place of origin; and
(c) such other particulars (if any) as are prescribed by the regulations for the purposes of this section.
(6) The Registrar shall sign the certificate and authenticate it with the Registrar's official seal.
(7) The certificate is conclusive evidence that the requirements of this Act relating to the registration of foreign companies have been complied with and that the company is duly registered as a foreign company under this Act.

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Disclaimer: This document is not to be taken as legal advise.

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