Companies incorporated outside of Kenya can do business in Kenya by registering a branch. It is a unit that is part of a company that is organized so as to conduct business on behalf of a Parent company, as opposed to carrying on business that is merely ancillary or incidental to the company’s business as a whole.
How do I register a branch in Kenya?
Requirements for Registering a Branch Company includes the following ;
- Certified copies of the parent Company’s Certificate of Incorporation.
- Certified copies of the Charter, Statutes or Memorandum and Articles of Association of the parent Company.
Is a branch office a separate legal entity?
A branch establishment is not an independent legal entity separate from the enterprise of the headquarters. It is legally and organizationally a part of the enterprise of the headquarters and, to this extent, subject to the law of the headquarters.
Can a foreigner register a company in Kenya?
Foreigners are allowed to register the organization as the only 1 director and 1 shareholder. This means that you do not have to seek a local director to be part of your firm for successful registration. Foreigners are also able to run this organization locally or from abroad.
What is a branch of a foreign company?
A foreign branch is another location of your company that operates entirely in another country. Think of it as an extension of your main office, similar to adding on an extension to your current office, but on a global scale. A subsidiary, on the other hand, is a new business in a foreign country.
Does companies Act apply to foreign companies?
Hence, the Act requires two kinds of foreign companies to be regulated: a foreign company having a place of business and or doing business in India and. a foreign company doing business in India in which more than half of its capital is held by Indian citizens or companies or bodies corporate incorporated in India.
What is the difference between a branch office and a subsidiary?
A branch office is simply another location of your company. A branch is an extension of your main office, as if you were adding another room to your current building. When you establish a subsidiary, you are establishing a new business. A subsidiary is considered a separate legal entity.
Are foreign branches separate legal entities?
Because branches are not considered to have a separate legal personality in many jurisdictions, unlike subsidiaries, it is not possible to transfer a branch to another entity, for example, as part of a transaction at the parent level. The branch must be deregistered and then registered by the new parent entity.
Can branch office enter into contracts?
These offices are not permitted to involve into activities such as entering into any contracts with Indian residents, borrowing funds, trading, etc. … Project offices can be setup by the foreign companies which are awarded any contract by an Indian company. They are setup by the permission of RBI on specified conditions.
Can a branch be a company?
A branch company is a company that is located somewhere other than the company’s head office location. Thus branch is not a separate legal entity. It represents a parent company and carries on the same business under its name.
Can a foreigner start a business?
Can foreigners own U.S. corporations? The short answer is yes. Non-residents can own a business in the U.S. even though they are not citizens or don’t live in the country. However, there may be certain restrictions on the type of business entity a non-resident can form.
Can a foreigner own land in Kenya?
Foreigners can own property in Kenya in their name. The Constitution (2010), the Lands Act (6/2012) and the Land Registration Act (3/2012), subject to certain limitations, grant the right to any person, either individually or in association with others, to acquire and own land in Kenya.
What is required to register a company in Kenya?
Required Documents 7 Natural persons Legal persons expand_more expand_less
- Passport photo. 1 2.
- Signed company registration form -CR1. …
- Signed memorandum of a company with share capital-CR2. …
- Signed notice of registered address-CR8. …
- Signed statement of nominal capital. …
- PIN certificate. …
- Passport photo.
Who can audit a foreign branches of a company?
(1) Where a company has a branch office, the accounts of that office shall be audited by the company’s auditor appointed under section 224 or by a person qualified for appointment as auditor of the company under section 226, or where the branch office is situate in a country outside India, either by the company’s …
How do I start a foreign company?
How to Start a Company in USA as a Foreigner
- Step 1: Register Your LLC. To start the process you need to work with what is known as a “Registered Agent”. …
- Step 2: Get a Physical Business Address. …
- Step 3: Apply for an EIN. …
- Step 4: Get a Bank Account. …
- Step 5: Get a Payment Processor. …
- Step 6: Set up a Bookkeeping System.
What is foreign company in company law?
“foreign company” means any company or body corporate incorporated outside India which,— (a) has a place of business in India whether by itself or through an agent, physically or through electronic mode; and. (b) conducts any business activity in India in any other manner.