The Companies Act is silent on whether a local representative ought to be a Kenyan. The old law provided that the equivalent of a local representative had to be a person resident in Kenya. Section 983 of the Companies Act provides that a foreign company must ensure that a local representative of the company is present at all times when the office is open. Essentially, this means that the local representative must have residency in Kenya and indeed must be a holder of a valid work permit. The local representative therefore exposes him or herself to potential risks of non-compliance by the foreign company. The responsibilities of a local representative include:
- To keep the registered office open on each business day from at least 10 am to 12 noon and from at least 2pm to 4 pm;
- Remain available at all times when the office is open;
- Lodge with the Registrar for registration a notice of the hours between 9 am and 5pm on each business day during which the branch’s registered office in Kenya is kept open;
- Lodge with the Registrar for registration a notice of the change of the new address of that office;
- Within seven days after making a change to the hours during which the registered office in Kenya is kept open, lodge with the Registrar for registration a notice of the change; and
Ensure that the registered office complies with all the requirements set out under Division 4 of Part XXXVII of the Companies Act.
contact ocl business associates for this local representative service.