The Registrar of Companies will only register a Foreign Company that has appointed at least one Local Representative, whose main role is to ensure that the Foreign Company is compliant with all the statutory requirements relating to its operation in Kenya.
local representative may be any person of the company’s choice but must be resident in Kenya. The authorized representative does not need to be a director but is always required to be present at the registered office of the company in Kenya when the office is open.
Section 979 of the Companies Act, 2015 requires that a foreign Company must appoint a Local Representative in Kenya to ensure compliance with the applicable laws
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.
We conduct the following duties when appointed as the local representative in Kenya
- Monitoring and ensuring compliance with statutory requirements, where practicable and informing the client in case there is a change in requirements;
- Liaising with the client for certification of the Audited Financial Reports and Statements and on receipt of the same, filing with the Registrar of Companies;
- The use of our office as the Registered office of the Company, if so required and affixing in a conspicuous manner the name, place of origin and liability of members of the Company on the outside of our office as prescribed by the Companies Act, 2015;
- Ensuring that the Registered Office is kept open on each business day as prescribed by the Companies Act, 2015; and
- Attending to any other duties as prescribed by the Companies Act, 2015 of the laws of Kenya.
Contact OCL business associates for the above services in Kenya today.
