ADVOKS GLOBAL · KENYA
Companies Act
974. When foreign company may carry on business in Kenya.
Edition: 2024-12-27 · In force
974. When foreign company may carry on business in Kenya.
(1)A foreign company shall not carry on business in Kenya unless—(a)it is registered under this Part; or(b)it has applied to be so registered and the application has not been dealt with within the period prescribed for the purposes of this section.(2)For the purposes of subsection (1), carrying on business in Kenya includes (but is not limited to)—(a)offering debentures in Kenya; or(b)being a guarantor for debentures offered in Kenya.(3)If a foreign company carries on business in Kenya in contravention of subsection (1), the company, and each officer of the company who is in default, commit an offence and on conviction are each liable to a fine not exceeding five million shillings.(4)If, after a foreign company or an officer of the company is convicted of an offence under subsection (3), the company continues to carry on business in Kenya in contravention of subsection (1), the company, and each officer of the company who is in default, commit a further offence on each day on which the contravention continues and on conviction are each liable to a fine not exceeding five hundred thousand shillings for each such offence.(5)If a foreign company has applied to be registered under section 975 and the application has not been dealt with within the period prescribed for the purposes of subsection (1)(b), the company is taken to be registered under this Part as a foreign company and accordingly is entitled to be issued with a certificate of compliance as such a company.Division 2 — Procedure for registration of foreign companies