foreigner registration of a company in Kenya
Foreign nationals who want to own, or run a business in Kenya, are required to have an Investor Class D permit. However, a foreign National may still own a Kenyan company without immigration status if he does not intend to live in the country.
Legal Provisions regarding Investor Permits in Kenya.
It is illegal for any non-Kenyan to conduct any Business or trade in Kenya without a valid Business Investor permit. provisions of the Immigration Act (Cap 172, Laws of Kenya) are as follows:‐ “Section 4 (1) “Subject to this Section, no person who is not a citizen of Kenya shall enter Kenya unless he is in possession of a valid entry permit or a valid pass.
the presence in Kenya of any person who is not a citizen of Kenya shall, unless otherwise authorized under this Act, be unlawful unless that person is in possession of a valid entry permit or a valid pass.” Section 13(2) (f):‐ “A person who, not being a citizen of Kenya, engages in any employment, occupation, trade, business or profession, whether or not for profit or reward, without being authorized to do so by an entry permit….shall be guilty of an offence and be liable to a fine not exceeding twenty thousand shillings or imprisonment for a term not exceeding one year or to both.
” Section 13(2) (g) provides for a similar penalty for “Any person who employs any person (whether or not for reward) whom he knows or has reasonable cause to believe is committing an offence under paragraph (f) by engaging in that employment. “If convicted of either of these two offenses, deportation will invariably follow. The fact that an application for a Investor permit has been lodged does not entitle someone to do Business in Kenya.
Requirements as to Investment Capital in Kenya.
To Qualify for a Class D permit, the Investor is required to have a minimum of USD 100,000 or equivalent in a Bank account.Class G Permit is applied for by foreigners who will be shareholders in the business. To apply for a Class D Investor Permit, it is necessary that the company first be registered.Company RegistrationTo register a limited liability company (LLC) in Kenya you will need:
- Minimum 1 director and shareholder
- A registered office within the republic of Kenya (both physical and postal address).
One does not require an immigration permit before registering the company in Kenya.
Restrictions on company Ownership in Kenya.
Generally there are no restrictions on foreign ownership of a company in Kenya. A foreign National may own a Kenyan company 100%. However, there are certain types of businesses that require local shareholder such as and not limited to .
- Banking and financial companies.
- Security companies
- Some communication and telecommunication companies.
- etc etc
Approval / Rejection of a business permit in Kenya.
Once the application is submitted to the Immigration department, it shall be presented to a committee for approval. This process may take between two and six months depending on how many times the committee sits and the number of applications they must process.The committee will usually consider the following things when deciding whether to approve or reject the application
- The investment potential on the economy.
- Job creation potential of the Business.
- The nationality of the applicant. An applicant has a higher chance of approval of his application if his or her country has a stronger and low criminal statistics and security threats.
Upon approval and payment of the prescribed fees the applicant shall be provided with a Class D Permit which shall be endorsed in his / her passport. On rejection, the applicant may make an appeal to the Minister or may have to cancel the investment plans as the case may be or reasons for rejection.
Application for registration as an Alien
Once the Permit is issued, the applicant shall then apply for registration as an Alien and be issued with an Alien card.
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