To guarantee the success of your business, there is need to properly manage your legal and regulatory compliance. Proper management of compliance can help streamline your business whereas improper management, results to massive fines and penalties.
Regulatory compliance necessitates businesses to ensure they adhere to the laws, guidelines, rules, requirements and regulations in their industry. The Company’s policies, procedures, and processes assist are pertinent to achieving compliance.
Our Services below help you to identify and reduce the legal and compliance risk within your business.
We provide support on the entire range of corporate activities including:
a) Business set up and Registrations.
- We assist in Formation of corporations, limited liability companies, partnerships, NGO’s, foundations and/or establishment of local branches.
- We Draft and make amendments to shareholders’ agreements, articles of association and partnership deeds in order to align with clients’ needs.
- We advise on Corporate Governance requirements and statutory compliance.
- Assistance in opening bank accounts.
(b) Licensing and Statutory Registrations
- The first step to legally operate in a market is the entity set up. Once the registration process is complete, the investor is issued with a certificate of registration; which can be either a certificate of compliance, a certificate of incorporation, certificate of registration, or a Business Name certificate. Don’t forget to request for the other documents of your business registration. For example, the CR12 is very important as it details the company’s shareholding and directorship.
- Other statutory registration that are required and that we can help you procure include:
- Kenya Revenue Authority (KRA) Personal Identification Number (PIN). This is a unique tax number issued by the Kenya Revenue Authority (KRA). The PIN enables KRA to track the company’s compliance with tax, returns and statutory obligations as per the Kenyan law.
- Permanent Establishment Registration with KRA. Note that when it comes to taxes, compliance applies for any type of Permanent Establishment (PE).
- Pay as You Earn (PAYE). As an employer you are required to deduct PAYE from your employees’ salaries and wages at the prevailing rates and remit the same to KRA on or before the 9th of the following month. PAYE is chargeable to persons of employment income of Kshs. 24,000 and above per month.
- Corporate Income Tax (CIT). The Corporate Income Tax is one of the obligations for a company in Kenya. The rate of Corporate Income Tax for resident companies, including subsidiary companies of foreign parent companies, is 25%. The CIT rate for branches of foreign companies and PEs is 37.5%.
- Value Added Tax (VAT) Registration – VAT registration can either be mandatory or voluntary on the following basis: voluntary where the activities of the company involves the purchase and sale of vatable goods or services. VAT is currently is 14%, it is remitted to KRA on or before the 20th of the following month. The only time registration for VAT becomes a mandatory exercise is when the company reaches the threshold of Kshs. 5 Million turn-over per year.
- Tax Compliance Certificate (TCC)– This certificate can be very helpful for companies in Kenya as it will be viewed as tax compliance and law-abiding. The major advantage of the TCC is that it proves compliance, thus it facilitates a number of administrative procedures.
- Local Authority Business Permit – A business permit is proof that a company has been licensed and is authorized to conduct business in a physical space. It is issued by the local county authority.
- NSSF and NHIF Registrations – The National Hospital Insurance Fund (NHIF) and the National Social Security Fund (NSSF) are the government parastatals that handle health and retirement benefits, respectively. Any new company with at least one employee is required by law to register with the two entities. It is a mandatory requirement to remit NSSF and NHIF deductions to the local NSSF and NHIF offices on a monthly basis. Failure to register or late remittance of these contributions as required will automatically trigger criminal sanctions and penalties.
- National Industrial Training Authority (NITA) Registration – Employers need to register as training Levy payers and pay industrial training Levy on regular basis at the rate of Kshs.50 per month per employee. NITA offers high-quality standards of industrial training in Kenya and they can supply well-trained manpower at all levels.
- Work Injury Benefit Act ( WIBA) Insurance-This is an insurance cover that protects employers, should their employees incur injuries or die in the course of their employment.
(c) Domiciliation and Representation
- Bellmac offices are available for use by clients as a local registered address.
- We assist Clients who require Directors or Trustees by offering staff to act as a local representative to government agencies, banks and/or form part of the legal representation of the company.
(d) Corporate Law, Mergers and Acquisitions
- Our corporate law team is composed of professionals with extensive experience in the corporate field. We advise and accompany our clients throughout their business journey and ensure that our services are effective and useful in all situations for business people.
- The transactions that we are involved in include share capital increases, capital reductions, corporate restructurings, sale or purchase of shares, transfers of business assets and liabilities, other share deals, ESOPs, management buy-outs, shareholders’ agreements, funding arrangements, debt to equity conversions, change of directors, changes or amendments to the Articles of Association are just a few examples.
Bellmac Data Privacy Services is a trusted, data protection service provider that allows you to outsource a range of much needed data protection and related services to ensure that your organization complies with the Data Protection Laws and Regulations, from across the globe.
Our mission is to help your organization keep up with global best practice in data protection and cyber security by offering a range of data protection and cyber security services.
Our practice combines experts from the ICT, Legal and Cyber Security practice areas to offer you a quality, comprehensive solution to all your Data Privacy, Cyber Security and Compliance needs.
Outsourced Data Protection Officer.
a) Full time DPO
- Our outsourced DPO offers an effective solution for organizations that may require a DPO but do not wish to hire a full time in-house DPO.
- Our goal is to provide you with a cost effective solution with the benefit of our years of experience, without having to worry about HR requirements.
- This includes providing you with a named Data Protections Officer (DPO), supported by our wider team of specialists, to assist your organization in:
- Advisory-advising the data controller or data processor and their employees on data processing requirements provided under the Act or any other laws/regulations
- Compliance-ensuring compliance with the Data Protection Laws and regulations;
- Capacity Building facilitating capacity building of staff involved in data processing operations
- DPIA-providing advice on data protection impact assessment
- Co-operating with the DPC and any other authority on matters relating to data protection.
b) Interim DPO
- For organizations that may already have a full time DPO but require additional resource or on a need basis, we provide you with an interim who will serve as your independent data protection officer for the required period.
- Our Interim DPO offers you all the services as required to by the Data Protection Act, within the period you require.
Ecommerce and ICT Consultancy
ADD Learn about key Data Protection theme areas by scheduling for our training classes. Our legal-focused bespoke trainings include: data protection workshops and roundtables.
We assist in setting up internal Tax systems, policies and procedures.
We conduct Tax compliance reviews and health checks.
We advise on Tax implications and Exemptions of all commercial agreements, merges and acquisitions.
Our immigration lawyers are dedicated in offering progressive expert legal advice and solutions on all Corporate/Business immigration matters.
We provide detailed corporate/business immigration including;
- Offering advisory to variety of business sectors ranging from start-ups, SMEs, Multi-national corporations etc. We assist such in obtaining relevant immigration work permits and all other key immigration compliance requirements.
- Comprehensive advisory services to Investors of various categories– We assist investors in procuring the requisite investors work permits. Additionally, we consider the nature of the investment/operations in offering our services and constantly draw on the offerings of the Kenya Investment Authority and other agencies to advise businesses on the soundest investment opportunities in Kenya.
- We undertake due diligence guidance regarding the impact of immigration regulations and requirements on corporate restructuring, including mergers and acquisitions, divestitures, and reductions in force.
- Offering Human resource professional advice to various organizations on a variety of employment-related immigration issues including those related to relocation of personnel from and into Kenya and the East Africa region by procuring the requisite visa and work authorization permits for their Kenya and regional personnel, including professionals, managers, executives and essential workers.
- Regular conduct of immigration audit to ensure that your organization is and remains compliant with the immigration requirements and regulations.
- Tax Advisory services to Organizations and investors.
- Advice on the procedure for revocation of employees (expatriates) work permits.
Competition Law aims to promote healthy competition. It further prohibits anti-competitive agreements between companies such as Contracts fixing prices or to carve up markets and makes it illegal for companies to abuse a dominant market power position.
As a business, you need to be aware of the competition law main rules to avoid violating the law or becoming a victim of the anti-competitive practices of others. Violation of the law may result to hefty penalties, disqualification as a Director and, in some cases imprisonment.
Under Competition law, Mergers between companies can be prevented if they might reduce competition with uncompetitive markets being investigated through market studies.
Our Competition Law Services include:
a) Merger Control
- We Assist to obtain merger clearances and approvals for transactions including mergers, acquisitions and joint ventures.
- We liaise with the Competition Authority of Kenya to register Mergers and file for exemptions
- We assist to review and draft agreements including agency, distributorship and supplier agreements to ensure they are compliant with Competition laws.
- We advise on abuse of Dominant market powers including acts that would be termed as abuse of power as described in the Competition Act.
- We advise Clients on restrictive trade practices and assist to report on their behalf restrictive trade practices with the Competition Authority.