Frequently Asked Questions

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Frequently Asked Questions

Have a look at a list of our most popular Frequently asked questions & answers:

Are there any fees or charges required to obtain the Investment Certificate?

The application for and issuance of the Investment Certificate is free of charge.

Are there any government projects/companies available that an investor can buy or invest in?

These will mainly be infrastructure projects that are promoted by the government on the basis of Private Public Partnership (PPP). Information on specific projects can be provided by KenInvest.

How do I register and establish my company?

To register a company, certain mandatory documents such as the ‘Memorandum of Association’ and ‘Articles of Association’ must be filed with the Registrar of Companies within the Kenya State Law Office. The procedures, cost of registering a company and the duration taken for registration can be found at kenya.eregulations.org

How long does it take to evaluate and approve the Investment Certificate?

It depends on the speed with which a prospective investor presents the requisite documents on application for the certificate

What taxes are levied by the government?

Taxes levied in Africa are administered by the Kenya Revenue Authority (KRA), and information on these may be accessed at https://www.kra.go.ke

What types of companies or businesses can I set up in Africa?

There are four different types of Kenyan registered companies:

Private company limited by shares (Ltd).
The members’ liability is limited to the amount unpaid on shares they hold
Private company limited by guarantee – the members’ liability is limited to the amount they have agreed to contribute to the company’s assets if it is wound up
Private unlimited company
No limit to the members’ liability

Public company limited by shares (Plc)
The company’s shares are offered for sale to the general public through a stock exchange and the members’ liability is limited to the amount unpaid on shares held by them.
Other business entities include;

Partnerships
overseas investors can establish a partnership in Africa. The partners have ‘joint and several’ liability for all debts.

Limited Partnerships – consists of one or more persons called ‘general partners’ who are liable for all debts and one or more persons called ‘limited partners’ who contribute a sum or sums of money as capital, or property valued at a stated amount. Limited Partners are not liable for debts/obligations beyond the amount contributed.
Limited Liability Partnership – this structure provides the benefit of limited liability but allows its members the flexibility of organizing its internal structure and tax arrangements as a traditional partnership.
You are strongly advised to seek legal advice before deciding on the best entity that suits your kind of business.

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