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Section 979 of The Companies Act No. 17 of 2015: Foreign company required to have local representative

    

(1) The Registrar may not register a foreign company under this Part unless the company has at least one local representative in relation to whom the foreign company has complied with the prescribed requirements of the foreign companies regulations relating to local representatives of foreign companies.
(2) If—
(a) as a result of a person having ceased on a particular day to be a local representative of the foreign company, a registered foreign company has no local representative; and
(b) the company carries on business, or has a place of business, in
Kenya, the company shall, within twenty-one days after that day, appoint another
person as a local representative.
(3) If a registered foreign company fails to comply with subsection (2), the company, and each officer of the company who is in default, commit an offence and on conviction are each liable to a fine not exceeding five hundred thousand shillings.
(4) If, after a registered foreign company or an officer of the company is convicted of an offence under subsection (3), the company continues to carry on business in Kenya without having a local representative, the company, and each officer of the company who is in default, commit a further offence on each day on which the contravention continues and on conviction are each liable to a fine not exceeding fifty thousand shillings for each such offence.
(5) On becoming aware that a registered foreign company has carried on business in Kenya for more than twenty-one days, and is continuing to carry on that business, without having a local representative, the Registrar shall take steps to strike the company's name from the Foreign Companies Register in accordance with section 992.

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

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