Vital considerations after registering your company in Kenya in 2024:
- Legal requirements:
- Our Clients establishing a trading company should ensure they obtain a VAT number and Personal Identification Number (PIN) from the Kenya Revenue Authority. Healy Consultants Group will assist our Client obtain the same without travel;
- Foreign directors of a company must also obtain their Personal Identification Number (PIN), tax number, in order to be a corporate bank account signatory;
- Ensure to register your company with for social security with i) National Social Security Fund (NSSF) and ii) the National Hospital Insurance Fund (NHIF).
- Investment Certificate:
- To enjoy access to more than one sector of the economy, Healy Consultants Group can assist our Client to apply for a in Investment Certificate from the Kenya Investment Authority;
- To secure an investment certificate, our Client will be required to inject a minimum capital requirement of US$500,000 and prove their business will among others i) crate employment ii) improve technology and skills iii) generate tax revenue etc.;
- An investment certificate permits our Client to secure i) any license required for their business ii) up to six work permits valid for 2 years for directors/staff and shareholders.
- Business Licenses and Permits:
- To secure a business premises and operate a business in Nairobi or any other part of Kenya, our Client will be required to obtain a Single Business Permit before commencement of operations;
- To secure the business permit, our Client must secure a physical business premises in their intended area of operation. The relevant authority will visit to inspect this office space before a permit is granted;
- The cost of the business permit will depend on the intended size of operation of the Client and the business permit must always be displayed on the office premises.
- Local representative:
- After i) establishing your business ii) securing an office space and iii) business permit, each foreign owned company requires a local representative who will be responsible for the company;
- Although the Companies Act is silent on whether this representative must be a Kenyan or not, at least the representative must be resident in Kenya;
- Should our Client require to appoint a foreign national as their local representative, the individual must first secure a work permit sponsored by the company;
- Trademarks and Patents:
- If required, Healy Consultants Group will assist our Client to register a trademark for their services or products in accordance with the Trade Marks Act Cap 506;
- Additionally, if our Client has an invention he intends to introduce to the Kenyan market, it is advisable to first secure a patent with the Kenya Industrial Property Institute (KIPI);
- It is also important to note that Kenya is a member of the World Intellectual Property Organization (WIPO).
- Employer Responsibilities:
- Our Clients looking to hire local/foreign employees must familiarize themselves with the Kenya labour laws and ensure to follow them to the letter;
- Every foreign owned company looking to apply for a work permit must ensure to inject a capital of US$100,000 and provide proof of the same;
- To employ a foreign national, a local company must also employ a Kenyan understudy who must be trained to take the position held by the foreign national unless the individual is senior management or skilled technical employee;