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Running business is hard. Just when you thought you can now relax, a competitor comes up with a new innovation that may make your business irrelevant. Sometimes, you just don’t have money for advertisement, marketing, research and development, expansion or moving to new territories. Business gurus advise that the only way your company can grow sometimes is through acquisitions. But, who has the money for that? Where do you get money to do all that? The bank manager is no longer answering your phone calls because the company’s debt to equity ratio is bad. In this article I am going to show how by listing your company on the stock exchange can open up your company to accessing new capital either during the Initial Public Offer (IPO) or subsequent issues such as rights issue or a secondary IPO. Listing a company on the stock exchange is a process.  Many companies fear listing on the stock exchange for loss of ownership and control. True, when you list you get a whole lot of new share

The Constitution of Kenya and the Kenya Citizenship and Immigration Act, 2011 recognizes the citizenship rights of an individual in Kenya. There are various ways in which one may acquire citizenship in the country CITIZENSHIP BY BIRTH-QUALIFICATIONS If on the date of a person’s birth, whether or not born in Kenya, either the mother or father of the person is a citizen. Procedure Request the Form If you have ever held an Alien’s Certificate (Card) (even if it is now expired), you will need to surrender this and obtain a “Certificate of Clearance”. If you are in Kenya, go to your local National Registration of Persons offices( usually located within local sub-county Commissioner’s offices) and request the form If you are abroad, you can request the form at your nearest Kenyan Embassy, High Commission or Consulate The Director Kenya Citizens & Foreign Nationals Management Services Ministry of State for Immigration & Registration of Persons , and attach the

Sole proprietorships and partnerships are both registered under the Business Names Act. A sole proprietorship is formed by only one person whereas a partnership will consist of at least two persons and a maximum of 20 persons. The registration procedure for the two is more or less the same as the same Form BN2 is required. Requirements for registration of a sole proprietorship/ partnership Proposed business names for search and approval; Nature of business; for professional services a practicing certificate by the relevant body for the current year will be attached; Proposed Physical address of the business. Address includes road, plot number, town, and county; Full names of the partners or the sole proprietor; Nationality of the partners/ sole proprietor; Age of each partner based on their national IDs; Gender of each of the partners; Usual place of residence of each of the partners/ sole proprietor Copy of ID / Passport for Partners /the Sole proprietor; 2 passport

Societies in Kenya are registered under the Societies Act. Political parties, Churches, Welfare associations, Sports associations, and Private members clubs can all be registered under the societies Act as Societies. Requirements for registration of a society. Proposed names for search and approval; Objects of the society; The number of members in the society (At least 10 members); The names, occupation and postal addresses of the Chairman, treasurer and secretary; Proposed Physical address of the society. Address includes road, plot number, town, and county; Constitution for the society; Form A (application for registration of a society) Form B ( notification of registered office and address of a society)  Procedure for registration of a society Name search. A name search is conducted to ascertain if proposed names are available for registration. Preparation of the constitution and relevant forms.   The society’s constitution is then prepared and Forms A and B a

Stamp Duty is paid to the Kenya Revenue Authority. As you register your company, you need to complete a form (SD1) from the Kenya Revenue Authority. The original copy of the payment form will be retained by the person paying for presentation as evidence of payment to the Registrar for the purpose of processing the documents, but will be authenticated by the triplicate copy (green) copy. As an administrative requirement, the KRA now requires the personal identification numbers (PINs) of all parties on whose behalf duty-stamped documents are submitted. Documents must be first assessed by the Stamp Duty Office before payment can be processed by the KRA-designated banks. The amount payable is prescribed by the Cabinet Secretary responsible for Lands and Housing from time to time. At the moment, a stamp duty of 1% is payable upon the creation and increase of the authorized share capital. However, the amount is subject to bank charges and fixed charges. If the company has an authorize

The Articles of Association usually prescribe circumstances when a Director would be removed from directorship. Apart from the voluntary resignation, a director may be removed from office at any time before their term expires or notwithstanding the provisions in the Articles of Association. The following steps are followed: The Company by ordinary resolution in an Annual general meeting or an extra ordinary General meeting can remove a director. Special Notice about the resolution to remove a director or to appoint somebody instead of a director so removed at the meeting at which he is removed shall be issued to the members. A copy of the said notice to be send to the director to be removed also. The director shall be given an opportunity of being heard in the meeting. If the director gives any written representation to the notice, then the said representation shall be given to all members unless they are received too late. If the representation could not be given to all memb

Section 8 of the Act provides that a company may, by  special resolution , alter the provisions of its memorandum with respect to its objects if the alteration would enable the company: – (a)    To carry on its business more economically or more effectively. (b)   To attain its main purpose by new or improved means. (c)    To enlarge or change the local area of its operations. (d)   To carry on some business which under existing circumstances may conveniently or advantageously be combined with the business of the company. (e)    To restrict or abandon any of the objects specified in the memorandum. (f)    To sell or dispose of the undertaking of the company. (g)   To amalgamate with any other company or body of persons. Procedure In order to effect the proposed alterations the company’s directors would have to convene an  extraordinary general meeting  of the company in order to consider and if approved, pass a resolution that the company’s objects be altered as prop

The company management may be desirous to change the name of the company for various reasons. Such reasons include mergers & Acquisitions, change of ownership, on consolidation of various companies into one, making a name shorter for marketing and many other reasons. The Registrar of Companies may also compulsorily require change of name in case the company was inadvertently registered by a name which, in the opinion of the registrar, is too like the name by which a company in existence is previously registered. The following steps are taken to effect change of company name: The Directors would recommend change of name to the shareholders’ at an extra-ordinary General Meeting or General Meeting. A normal name search is done and reservation of the ‘new’ company name. Upon shareholders resolution with special majority, a special resolution together with Notice shall be filed with the registrar for approval within 14 days. Upon receipt of the notice, the registrar shall:-

Registering a copyright for your work whether literary, musical, artistic affords you exclusive right to print, publish, perform, or record any literary, artistic musical and authorize others to do the same. In Kenya the law governing copyright is the copyright Act and it makes it an offence punishable by fine or imprisonment to infringe on another person’s copyright. To whom can copyright be conferred to? (a)  an individual who is a citizen of, or is domiciled or resident in, Kenya; or (b)  a body corporate which is incorporated under or in accordance with the laws of Kenya. What can be registered? Literary work which includes: novels, stories and poetical works; plays, stage directions, film sceneries and broadcasting scripts; textbooks, treatises, histories, biographies, essays and articles; encyclopedias and dictionaries; letters, reports and memoranda; lectures, addresses and sermons, but does not include a written law or judicial decision; Musical work Arti

Registration of a Branch Office in Kenya is done pursuant to Section 366 of our Companies Act Cap 486 of the Laws of Kenya. The following documents required to be filed at the company’s registry  complete the necessary returns and file them at the companies Registry with all other necessary documents;- a) A certified true copy of the Memorandum and Articles of Association (or constitution) of “the Company”, together with a certified true copy of Certificate of Incorporation. Both Certified as a true copy by a Notary Public and notarised from the Country of Origin. b) The present Physical and Postal Address of “the Company”. The addresses are to be for both the Local Office and the Head Office c) The full Names, Addresses, Nationalities and Occupations of each of the Directors and the Company Secretary. We will type this information into the necessary returns (being Forms No.s 236, 237, 238 & 250) once you provide this information. d) The full Name, Physical and Postal Add

All foreigners who remain in Kenya for more than three months (90 days) must register as an alien and get an alien registration card. Alien Registration forms are available at Alien registration counters at Nairobi Nyayo House Southern wing ground floor, Mombasa, Kisumu, Eldoret and Malindi offices. Persons who qualify for this service Visitors • Residents (non-Kenyan) • Students (non-Kenyan) • Government of Kenya recognized refugees • Mandate refugees (registered in camps What are the requirements for Application of the Alien card? 1. Be over 18 years of age 2. The Applicant must have a valid travel documents. 3. Have valid immigration status, for example, a valid entry permit 4. Be resident in the country for more than 90 days from date of entry into Kenya 5. 2 passport size photographs. 6. Self presentation to an immigration officer for registration 7. Applicants must be fingerprinted 8. Registration/Initial Application fee of  KES 2,000 9. The renewal fee is  KES1, 000  per

Work permits in Kenya are issued by the Department of Immigration. They are issued in various classes depending on the activity that a person intends to undertake in Kenya. CLASSES  Class A Issued to persons who intend to prospect for minerals and mining. Requirements Obtain all the required licenses or be assured that they will be obtained. Sufficient capital required for investments For renewal of the permit the required licenses will be required and copy of PIN. Class B Issued to persons who intend to engage in agriculture and animal husbandry. Requirements Proof of leasehold interest in land for that purpose. Proof of capital available for that purpose Clearance from the relevant bodies Class C & D   Issued to persons who have been offered employment by specific employer and is qualified to undertake that employment. Requirements Copies of academic/professional certificates and the curriculum vitae. Evidence that the organization duly failed

Have you registered with NSSF and NHIF? Well, the law will catch up on you since you are violating the laws of the country and yet the registration is simple. Take a look at the simple registration procedures and requirements for ultimate compliance with the laws on NHIF and NSSF National Health Insurance Fund (NHIF) The NHIF fund is a fund established to provide medical insurance cover to all its members and their declared dependants (spouse and children). The NHIF membership is open to all Kenyans who have attained the age of 18 years and years and have a monthly income of more than Kshs 1000. It is a requirement by law that all persons in formal employment contribute monthly towards the fund established under the NHIF Act, No. 9 of 1998. The requirements are- Duly filled Application for Employers Registration form, Form No. 33 (available from the NHIF website) Copy of Certificate of Registration Copy of KRA PIN Certificate Procedure Fill out all the details on the

Your Company formation and registration starts here. For a quick, reliable and experienced company   incorporation service all over Kenya. REGISTRATION OF LIMITED LIABILITY COMPANIES IN KENYA . PROCEDURE FOR COMPANY REGISTRATION. 1. NAME SEARCH   Proposed name must be reserved pending registration Names can only be reserved for thirty days). Application for reservation are made in writing and be accompanied with the prescribed fee. 2.  Documents prescribed for incorporation of a company   Memorandum and Articles of Association - Highlights the objectives of the company, the  subscribers    to the shares of the company and the subscribers to the Articles of the company. - Form 201- Form of company registered office and address - Form 203 - Form describing the Secretary and directors to the company. - Form 208 - Form of compliance with provisions of the companies Act. - Statement of nominal capital - Declaration of Nominal Capital of the company. 3. All companies must appoint a Register