A foreign national wishing to register and own a company in Kenya may do so without a Kenyan director or shareholder. He or she can register a private limited company, branch foreign company or subsidiary of the foreign company.
However, there are certain sectors where Kenyan shareholding is required eg.
- Banking and financial Institutions.
- Betting Companies
- Recruitment companies
- Security Companies
- telecommunication sector
- mining sector
A foreigner having a private limited company in Kenya is required to have a work permit so that the bank can open a bank account for the company.
contact ocl business associates for more information if you are a foreigner wishing to operate a bank account for the company.
foreigners can register and fully own companies in Kenya. They can do so without needing a local partner in most cases. However, certain sectors like telecommunications, insurance, and banking may have restrictions on foreign ownership.
Registration Process:
- eCitizen Portal:
Foreigners need to register on the eCitizen portal to obtain company registration documents.
- Company PIN:
Upon registration, they must obtain a company Personal Identification Number (PIN).
- NSSF and SHA:
They also need to register with the National Social Security Fund (NSSF) and the Social Health Authority (SHA).
Legal Structures for Foreigners:
- Private Limited Company (Ltd):This is the most common structure for foreign investors.
- Branch Office:Foreign companies can set up a branch in Kenya without incorporating a local entity.
- Subsidiary Company:A Kenyan company wholly or partially owned by a foreign parent company.
- Limited Liability Partnership (LLP):A hybrid model combining partnership flexibility and corporate protection.
- Sole Proprietorship:Foreigners can also register as sole proprietors.
Important Considerations:
- Compliance:Compliance with immigration and tax laws is crucial.
- Sectoral Restrictions:Some sectors may have specific ownership requirements.
- Work Permits:Foreign employees need work permits to work legally in Kenya.