Do you know that you are required to appoint atleast one local representative when incorporating a foreign branch in Kenya?
A foreign company that wishes to set up a branch in Kenya is required to have a local representative as per Section 979(1) of the Companies Act,2015 which states that:
(1) The Registrar may not register a foreign company 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.
Liability of a local representative of a registered foreign company under Section 981(1) of the Companies Act,2015 provides that a local representative:
i. Is answerable for the doing of all acts, matters and things that the company is required by or under the Company’s Act 2015; and
ii. Is personally liable to a penalty imposed on the company for a contravention of, or failure to comply with, Companies Act if the Court hearing the matter is satisfied that the local representative should be so liable.
At Bellmac, we provide local representative services which include:
a) Ensuring that the Registered Office is kept open on each business day as prescribed by the Companies Act, 2015;
b) Giving notice to the Registrar of Companies of certain changes relating to its constitution, directors and business in Kenya;
c) Lodging financial statements at the end of each financial year with the Registrar of Companies;
d) The use of our office as the Registered office of the Company; and
e) Ensuring compliance with all statutory requirements in relation to its operation in Kenya as prescribed by the Companies Act, 2015.