Skip to main content

Posts

Showing posts from February, 2017

ALL AFFIDAVITS IN KENYA

An affidavit is a solemn declaration by a person  affirming   facts that are within his knowledge and understanding.Flescar Legal Consultancy is here to offer you all the required Afidavits required in different areas .  We draft all types of AFFIDAVITS , Certifying documents as true copies by commissioner and notary Public,Register affidavits for acquisition of new nationality etc Affidavit of Marriage Affidavit of lost Documents Affidavit of Name Affidavit  for Passport Application Commissioning of  Passport Application Certification of Certificates and A copy of Documents Deed Polls Power of Attorney Affidavit of  Residence Affidavit of Refugees Affidavit of Resignation Affidavit of SingleHood-for Marriage Affidavit for  getting a Medical cover Affidavit for Correct date of Birth Affidavit of Service Affidavit for lost your documents eg. certificates, identity card , passport  Affidavit of Name: 1500/= Affidavit of Marriage: 2000/= Affidavit of Lost Passport: 15

SUPPORT AND MAINTENANCE OF A CHILD BORN OUT OF WEDLOCK AND THE LEGAL POSITION IN KENYA

Earlier on before the promulgation of the Kenyan Constitution 2010, no right on support and maintenance of a child born out of wedlock accrued on the father where there was no legal relationship between the mother and the father. The only remedy that the mother had was in the customary law which provides for pregnancy compensation but the compensation is usually paid directly to the mother parents and does not necessarily benefits the child. The compensation is also determined by the elders who are gender biased and tend to favour the father of the child. LEGAL POSTION BEFORE THE CONSTITUTION OF KENYA 2010 Previously in our laws, the mother was deemed to have parental responsibility over the child at first instance. Particularly section 24 (3) of the Children Act, 2001 provides that where the child’s father and mother were not married to each other at the time of the child’s birth and have not subsequently married each other, the mother shall have parental responsibility

Business Name Registration, Kenya.

Business Name Registration, Kenya. Business Names are commonly referred to as Sole Proprietorships, BN2, or Partnerships and are Registered under the Business Names Act. Registration of a Business name in Kenya. 1. NAME SEARCH. The proposed business name must be reserved pending registration.       Application for reservation of a Business Name should be made in writing and accompanied with the prescribed fee. 2. APPLICATION FORM BN 2 . Once a name is searched and approved the applicant(s) should complete a statement of particulars form also known as ( BN 2 Form). 3.   CERTIFICATE of Registration also referred to as BN 3 is processed thereafter. Requirements for Business Name Registration. Proposed Business name for name search approval. The nature of Business / activities the business shall undertake. Names of the Proprietor/s in Full. Postal address for the Business Name. Proposed Physical address of the Bus

Incorporation and formation of Limited companies in Kenya under new Companies Act,2015

Incorporation and formation of Limited companies in Kenya. Your Company formation and registration starts here. For a quick, reliable and experienced company  incorporation service all over Kenya. The Company Act 2015 has now been fully implemented. All changes to all existing companies are now done under new Forms provided for by the New Law. Limited Company Formation in Kenya Procedure for company registration in Kenya 1. NAME SEARCH Proposed name must be reserved pending registration Names can only be reserved for thirty days. Application for reservation of a name are made filling out Form CR 14 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, the share structure of the company and the subscribers to the Memorandums and Articles of the company. - Form CR1 - Application for registration of

Registering an NGO in Kenya

Registering a NGO/ Charitable Organisation in Kenya Registration of NGOs under Kenyan Law The Non-Governmental Organisations Co-Ordination Act 1990 (Section 2) defines an NGO as “a private voluntary grouping of individuals or associations, not operated for profit or for other commercial purposes but which have organized themselves nationally or internationally for the benefit of the public at large and for the promotion of social welfare, development charity or research in the areas inclusive of, but not restricted to, health, relief, agriculture, education, industry and the supply of amenities and services”. As this definition includes both local and foreign NGO’s the procedure for registration is similar for both. The only difference is that foreign NGO’s are subject to some additional requirements. The additional requirements in the case of such foreign NGO’s are as follows: • the organization has to furnish the constitutions of its other branches around the

Registering A church/Faith Based Organization in Kenya

Re: Advice on Incorporation of a Religious Congregation under the Trustees (Perpetual Succession) Act Under the laws of Kenya, it is possible for religious congregations to be registered under The Trustees (Perpetual Succession) Act (Chapter 164 of the Laws of Kenya) in order to become an body corporate, with the capacity to own property in its own name. This Act in section 4(1) thereof provides that, “Trustees who have been appointed by anybody or association of persons established for any religious, educational, literary, scientific, social, athletic or charitable purpose, or who have constituted themselves for any such purpose, may apply to the Minister …..for a certificate of incorporation of the trustees as a corporate body.” EFFECT OF INCORPORATION As stated above, once the trustees have been incorporated they become a body corporate with a perpetual succession and all other legal indicia appertaining to a body corporate. Section 3(3) of the Trustees (Perpetua

Establishment of Business in Kenya by a foreign company or corporation

If a foreign incorporated company or corporation intends to establish presence in Kenya, there are two options that are available. It can be incorporated in Kenya as; (a) a locally incorporated private company; or (b) registered as a branch office of a foreign company. (a) Locally incorporated private company Incorporation of a company in Kenya is relatively straight-forward in most cases. Companies are usually incorporated as private companies limited by shares. A private company is a company which restricts the right to transfer its shares, limits the number of shareholders to 50 (excluding employees), prohibits offers to the public of its shares and debentures and cannot issue bearer shares. A private company must have a minimum of 2 shareholders. Advantages Private companies enjoy a number of privileges including an exemption from the requirement to file annual accounts at the Companies Registry. Procedure A summary of the information required for the purposes

Registration of a Charitable Trust,Charitable Foundation,foundation in Kenya

Establishment of a Charitable Foundation in Kenya Establishment of a Charitable Foundation in Kenya A charitable foundation under Kenyan laws can be established either as: (a) a company limited by guarantee; or (b) a charitable trust. (A) Incorporation of company limited by guarantee A company limited by guarantee under the Kenyan Companies Act can be incorporated either with or without share capital. However, in most cases companies limited by guarantees are incorporated without share capital. A company limited by guarantee may be a private company or a public company. A private company must have a minimum of 2 and a maximum of 50 members. On the other hand, a public company must have a minimum of 7 members but there is no statutorily prescribed maximum number of persons. Private companies enjoy a number of privileges including an exemption from the requirement to file annual accounts at the Companies Registry. Although incorporation of a company limited by sha