How to Register a Foreign Company Branch in Kenya
An existing company incorporated outside Kenya can register to operate in Kenya as a foreign company branch through the Business Registration Service (BRS) under Part XXXVII of the Companies Act, 2015. The Registrar issues a Certificate of Compliance. A branch is the Kenyan registration of the foreign parent, not a separate Kenyan company. If a separate local entity is preferred, use the Kenya company registration route.
Primary sources: BRS Companies Registry fee schedule · Companies Act, 2015
Need a branch-registration quote? Tell us the parent company’s country of incorporation, intended Kenya activity and whether an office and local representative are available.
Request a branch quoteFee, form and tax references checked 10 November 2026. Government fees, portal fields and administrative practice can change; confirm the live BRS/eCitizen filing and invoice at submission.
Legal Basis and Current BRS Forms
The foreign-company regime sits in Part XXXVII of the Companies Act, 2015. Section 975 sets out the registration application and supporting information; section 979 requires at least one local representative. The 2023 anti-money-laundering amendment also brought beneficial-owner particulars into the foreign-company filing framework.
Which FC forms matter when registering?
The BRS forms catalogue identifies FC1 as the registration application. Its fee-schedule checklist still refers to FC2, FC4 and FC6. Match the prescribed forms to the current BRS/eCitizen application rather than assuming every listed form is needed. FC6 concerns closure of a place of business, not initial registration.
| Form | Current description | Practical relevance |
|---|---|---|
| FC1 | Application for registration as a foreign company. | Core registration application. |
| FC2 | Statement for use of an alternative name. | Only where an alternative name is required. |
| FC3 | Notice of residential address/change of address of a local representative. | Local-representative particulars. |
| FC4 | Notice of hours of opening of the registered office in Kenya. | Registered-office opening hours. |
Practical filing rule
Do not assume every FC form is required on every initial registration. Start with section 975, then match the company facts to the live BRS/eCitizen fields and required uploads.
Foreign Company Branch vs Kenyan Subsidiary
“Foreign company registration in Kenya” can describe two different market-entry decisions. A branch registers the existing foreign company in Kenya. A subsidiary is a new Kenyan company with its own incorporation record. The right choice depends on the intended contracting structure, governance, licensing, tax advice and the parent company’s risk preferences.
Quick structure decision
| Issue | Foreign company branch | Kenyan subsidiary |
|---|---|---|
| Entity | The foreign parent is registered to operate in Kenya. | A separate Kenyan company is incorporated. |
| Main registry output | Certificate of Compliance. | Certificate of Incorporation. |
| Kenya statutory presence | Requires a Kenya registered office and at least one local representative. | Uses the local-company director/shareholder/registered-office framework. |
| General corporation-tax position | A non-resident company operating through a permanent establishment in Kenya is generally subject to 30% corporation tax from the 2024 year of income. Repatriated income is separately subject to 15% tax under section 7B, calculated using the statutory formula. Special regimes, incentives and treaty provisions may affect the position. | A Kenyan subsidiary is generally a resident company subject to 30% corporation tax. Distributions to its overseas parent require a separate withholding-tax assessment. Applicable incentives, special regimes and treaty provisions should be checked. |
| Use this page when | An already-incorporated overseas company wants the parent itself registered in Kenya. | Use our Kenya company registration guide where the client wants a separate Kenyan entity. |
Tax note: headline corporation-tax rates alone do not settle the structure decision. Assess the parent’s jurisdiction, intended transactions, profit distributions, incentives and applicable treaty. Source: Income Tax Act, section 7B and Third Schedule, Head B paragraphs 2(b)(viii) and 3(s); references checked 10 November 2026.
Cost of Registering a Foreign Company Branch in Kenya
The BRS Companies Registry fee schedule lists KES 7,550 for Foreign Company registration. This is the registry fee, not the total cost of establishing and operationalising a Kenya branch.
Source: Business Registration Service — Companies Registry Fee Schedule
| Cost item | Treatment | When it arises |
|---|---|---|
| BRS foreign-company registration | KES 7,550 on the current BRS fee schedule. Confirm the live invoice before payment. | Registry filing. |
| Certification / notarisation | Varies by document and country of origin. | Where overseas corporate documents need acceptable certification or notarisation. |
| Certified English translation | Varies. | Where source documents are not in English. |
| Professional fees | Quoted separately after document and scope review. | Where BIEA is instructed to prepare, file and coordinate the registration. |
| Local representative / registered-office arrangements | Scope and charges agreed separately where support is needed. | Before filing and for any continuing service expressly agreed. |
| Post-registration costs | Separate. | KRA/tax setup, bank onboarding, county or sector licences, immigration and other operational requirements as applicable. |
BRS and Kenya Investment Authority materials currently display different fee breakdowns for the branch procedure. For payment, use the invoice generated by the live BRS/eCitizen process.
Request an itemised quotation separating the BRS charge, professional fees, VAT where applicable, certification or translation, representative or office arrangements, payment stages and post-registration services.
Documents and Requirements for Foreign Company Registration in Kenya
Use section 975 of the Companies Act as the statutory baseline, then match the company’s facts to the current BRS/eCitizen fields and uploads.
Source: Companies Act, 2015 — foreign-company provisions
| Requirement | What to prepare | When applicable |
|---|---|---|
| Foreign incorporation evidence | Certified copy of the current certificate of incorporation/registration, or equivalent document. | Always. |
| Constitution | Certified copy of the company constitution or equivalent constitutional document. | Always. |
| Directors and shareholders | List of directors and shareholders and their personal details. | Always. |
| Kenya-resident local-board directors | A duly executed memorandum stating their powers. | Where the foreign company has directors resident in Kenya who are members of a local board. |
| Existing registrable charges | Documents required for registration of any existing charge over property that would be registrable under the Companies Act. | Where applicable. |
| Home-country office | Address of the registered office in the place of origin, or otherwise the principal place of business there. | Always. |
| Kenya registered office | Address of the branch’s registered office in Kenya. | Always. |
| Beneficial owners | Statement of particulars of the foreign company’s beneficial owners in accordance with the Companies Act. | Always, subject to the statutory beneficial-ownership framework. |
| Local representative | Appointment/acceptance documentation and the prescribed particulars for at least one compliant local representative. | Always. |
| English translations | Certified translation of foreign-language documents. | Where documents are not in English. |
Start with a short registration brief
For the first enquiry, send the country of incorporation, intended Kenya activity, whether a Kenya office and local representative are available, and the setup support required. We can then identify the route, missing information and quotation scope. The filing checklist above is for the subsequent document-review stage; passports and detailed beneficial-owner records are not required for the first enquiry.
Local Representative Requirement for a Foreign Company Branch
Section 979 requires at least one compliant local representative before a foreign company can be registered. The role is tied to statutory compliance and should not be treated as a nominal address service.
Source: Companies Act, 2015 — ss. 979–981
Do not appoint a local representative without defining the role
The appointment should be documented, the representative’s details should be kept current with the Registrar, and the parent company should understand the compliance responsibility attached to the role. If an existing representative ceases and the branch continues carrying on business or has a place of business in Kenya, section 979 provides a statutory period for appointing a replacement.
Step-by-Step Registration Process and Timeline
Foreign company branch filing workflow
-
Confirm that a branch is the intended structure.
If the commercial objective is a separate Kenyan company, use the Kenyan subsidiary/company route instead. -
Map the parent company against section 975.
Identify incorporation documents, constitution, directors, shareholders, beneficial owners, existing charges, home-country office details, Kenya registered office and any Kenya-resident local-board directors. -
Appoint the local representative.
Prepare the appointment/acceptance evidence and prescribed identifying and address particulars. -
Certify, notarise or translate documents as required.
Check the country of origin, document type and live portal requirement before incurring overseas authentication costs. -
Complete the BRS/eCitizen foreign-company application.
Use the live portal fields and current statutory FC-form meanings. Where an alternative name is required, address that separately. -
Pay the registry invoice and submit.
The BRS fee schedule currently lists KES 7,550, but the generated invoice is the operational payment reference. -
Respond to any Registry query.
Correct inconsistencies in names, addresses, certification, corporate particulars or ownership information promptly. -
Obtain the Certificate of Compliance and begin post-registration setup.
Tax registration, banking, county/sector licensing and immigration are separate workstreams where applicable.
How long does registration take?
BRS currently lists 3–5 days for a complete Foreign Company filing. Treat this as the registry processing indication, not a guarantee for the entire market-entry project. Certification, translations, corrections and Registry queries can extend the overall timeline.
Practitioner Notes From Preparing Foreign Company Filings
The statutory checklist is only the starting point. The filing is usually smoother when the parent-company record is normalised before data is entered into BRS/eCitizen.
After Registration: KRA, Banking and Ongoing Compliance
The Certificate of Compliance proves the foreign company’s registration; it does not complete every tax, banking, licensing, employment or immigration requirement. The branch should map its obligations to its actual activities before trading. See also our Kenya business and immigration services hub for related market-entry workstreams.
Operational setup
- KRA PIN and applicable tax obligations.
- Bank account onboarding and source-of-funds / KYC documentation.
- County and sector licences where the activity requires them.
- Employment and payroll registrations where staff are engaged.
- Appropriate work permit or investor permit analysis for foreign personnel where applicable.
Companies Act maintenance
- Keep the local representative and registered-office particulars current.
- Notify changes to registered foreign-company particulars as required.
- Maintain beneficial-ownership particulars and update reportable changes.
- Address the foreign-company financial-statement lodgement requirements under section 987.
- Respond to returns or information required by the Registrar under the foreign-company provisions.
Hiring without immediately opening a branch?
For a company whose immediate objective is to hire or manage personnel in Kenya rather than establish its own registered branch, compare the branch route with an Employer of Record in Kenya before committing to an entity structure.
FC forms for later changes or closure
These forms concern subsequent events. Use the current BRS/eCitizen workflow for the event being notified.
| Form | Current description | Practical relevance |
|---|---|---|
| FC5 | Notice of change of particulars of a registered foreign company. | Post-registration changes. |
| FC6 | Notice of closure of a place of business of a foreign company in Kenya. | Not an opening-hours form under the current catalogue. |
| FC7 | Notice of cessation of business in Kenya. | Closing the Kenya operation. |
| FC8 | Notice of dissolution or deregistration in the place of incorporation. | Post-registration event affecting the foreign parent. |
Common Problems That Delay or Weaken a Foreign Company Filing
- Using an outdated FC-form checklist without reconciling the current BRS forms catalogue and live portal.
- Omitting beneficial-owner particulars or leaving a multi-layer ownership analysis until the last stage.
- Inconsistent company data across certificates, constitutional documents and application fields.
- Incomplete certification or translation of overseas corporate documents.
- Treating the local representative as a nominal contact without documenting the role and update obligations.
- Assuming registration equals operational readiness when tax, banking, licensing, payroll or immigration steps may still apply.
Frequently Asked Questions
How much does it cost to register a foreign company branch in Kenya?
The BRS Companies Registry fee schedule lists KES 7,550 for Foreign Company registration. Certification, translation, professional support, tax onboarding, banking and licences are separate where applicable.
Does a foreign company branch need a local representative?
Yes. Section 979 of the Companies Act requires at least one compliant local representative before registration.
Which FC form is used to register a foreign company in Kenya?
The current BRS forms catalogue identifies FC1 as the application for registration as a foreign company. Because some BRS summary material uses inconsistent FC references, check the live BRS/eCitizen workflow and current statutory form definitions when filing.
How long does branch registration take?
BRS lists 3–5 days for a complete Foreign Company filing. Overseas document preparation and Registry queries can extend the end-to-end timeline.
Is a foreign company branch the same as a Kenyan subsidiary?
No. A branch registers the existing foreign parent to operate in Kenya. A subsidiary is a separate Kenyan company incorporated locally.
Can an overseas company start the process remotely?
An overseas parent can begin the branch-registration enquiry and document review remotely. Confirm signature, certification and identity-verification arrangements before submission. Banking or immigration may have separate attendance requirements.
What should a BIEA branch-registration quotation include?
The written quotation should identify document review, application preparation, filing coordination, responses to Registry queries and document handover after approval, to the extent instructed. Government charges, professional fees, any applicable VAT, third-party costs, payment stages and exclusions should be stated separately. Local-representative or office arrangements, tax, banking, licences and immigration require an expressly agreed scope.
Foreign Company Branch Registration Support
BIEA supports the branch route from pre-filing document review through BRS registration and related market-entry work. The filing scope can be separated from tax, banking, licensing and immigration work so the client can see which steps are statutory registration and which are operational setup.
Pre-filing review
Parent-company documents, ownership and beneficial ownership, proposed Kenya activity, registered office and local-representative position.
BRS/eCitizen filing
Preparation of the foreign-company filing, coordination of statutory uploads and responses to Registry queries.
Post-registration setup
KRA/tax onboarding, banking-readiness documents, county or sector licensing and related compliance where instructed.
Immigration coordination
Work-permit or investor-permit analysis for foreign personnel where the Kenya operation requires it.
Before work begins, agree a written scope covering document review, preparation, filing coordination, Registry-query handling and the available records to be handed over after approval. Tax, banking, licensing, immigration and any continuing representative or office service are separate unless expressly included.
Request a Branch-Registration Quote
Tell us the parent company’s country of incorporation, intended Kenya activity, whether a Kenya office and local representative are available, and which setup services you need. We will identify the next information required and provide an itemised scope. Start with this brief; send confidential records at the subsequent agreed document-review stage.