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Thursday, September 06, 2012
Procedure of registration of a company in Kenya

Search of name

The applicant shall be required to search the desired name at the Registrar of Companies. The Registrar will issue the applicant with a letter confirming that the name is available for registration. This process takes about 3 days.

Memorandum & Articles

The applicant will be required to engage a professional lawyer/company secretary to draft the Memorandum of Articles which will set out the objects of the company and the internal constitution of the company.

Payment of Stamp duty

Once the memorandum & Articles are prepared, the lawyer will lodge the documents with the registrar of companies for payment of stamp duty. This process may take 1-3 days.

Registration of the company

Once the stamp duty is paid, the lawyer will forward the documents to the Registrar of Companies together with these forms.
  • Form 203A – this form covers the particulars of the company director and secretary.
  • Form 201 – this form notifies the registrar of the registered office of the company.
  • Form 208 – this compliance form is signed by the lawyer registering the company.
A certificate of registration will be issued.
If you would like to register a company in Kenya, please contact us on info@capitaregistrars.co.ke for further details.

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Thursday, November 29, 2007
Post Incorporation Issues
Most people do appreciate the advantages of incorporation and especially limited liability and that the company is a complete person with an ability to own property. Especially in this time of IPO's many people are taking advantage of incorporation to buy shares.

So you have your certificate of incorporation, what next?

1. Get a PIN and VAT certificate from KRA. They are issued free of charge. Tax returns are filed every month.

2. You are required to hold an Annual General Meeting, 18 months after incorporation and consistently every year. The purpose of an AGM is to among others receive Accounts for the previous year. A board of directors meeting is to be held immediately after that or as consistently after that.

3. You are also required to file Annual Returns (14 days after the AGM). Many companies neglect to file Returns which could lead to a company being deregistered. Filing returns at the company registry is not expensive and its required to communicate to the Registrar of any changes in capital and directors.

4. The Accounts of a registered company are required to be prepared in accordance with Companies Act Cap 486. The immediate benefit of incorporation is that all expenses are deducted before the taxable profit unlike a partnership.

Finally Small Business resource

www.aren.co.ke is a site that enables you to calculate P.A.Y.E for employees. Very useful indeed.

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Thursday, October 04, 2007
G.L.A.M.O.U.R.O.U.S
I woke up today in the morning sure i wasn't going to court but deep in my head i knew there is always this case that pops out in the morning due to inefficiencies and stuff, all lawyers know that.

As it can be when it can, one of those mammoth files dating the early 90's appears and good gracious it is yes for today.

Anyway having mastered the art of crash reading early in life, i half expect by the time the matter is heard i will have sorted the file, read it, sorted the wheat and chaff and produced the wheat in court.

So i did speed reading , had all my facts, confirmed with my witnesses what they would be saying and waited. this was within a span of 1 hour.

The magistrate then with a tired look just realizes that the Defendants are not in court and we can't continue. The fact that they weren't there gave me 200% confidence in a file i had not seen ever in my life.

I felt sudden annoyance at no one in particular and i thought

G.L.A.M.O.R.O.U.S

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Friday, September 28, 2007
ड्रेस CODE
I have been going to court and wondering why i haven't got memo for changed dress code.

A lawyer with open shoes is simply a NO NO NO.

Again i meet another lady in a Light Blue suit, goodness i couldn't believe it

Then i hear a master tell his pupil
"Look you shouldn't be just standing you should get inside the court and see whats happening" I think thats rather common sense. Then looking at the pupil she is in

Hipsters
A tight shirt
No jacket

and the worst

White Shoes.

Dayum, how does a lawyer wear white shoes to court. Its NOT OK for a lawyer to wear white shoes even out of court.

Ok, I know you think Ally Mcbeal did wear RED suits, that was drama that is what it is. Legal Drama

Until the dress code is changed

Stick to your dark colours

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Friday, June 15, 2007
Access
This article discusses the ability of the poor to access justice in Kenya.

Access to Justice

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Tuesday, March 27, 2007
LSK AGM
On Saturday the LSK held its Annual General Meeting which in my view was well attended.

The AGM is quite a tense one because it is the time the members get to know the Chairman of the Society.

Most motions were shot down or deferred. One that was particularly interesting is the motion to have a 1/3 of the elected members of the council to be women. I am of the view that though affirmative action helps, it should really not apply to learned members of the society. Getting to be a member of LSK is work itself, surely only presenting oneself for voting. Nevertheless the motion was shot down, though eventually 1/3 of the elected members of the society were women.

The Chairman of the LSK this year is Eric Okongo Mogeni. What the papers did't say was that as sooon as he was announced Chairman, all lawyers stormed out in protest. Wonder who elected him in the first place. The Ojienda chairmanship has been viewed largely as a failure. It is been largely felt that the LSK chair should abstain from matters which are clearly political. Kenyans have MPs but issues pertaining to the profession have been left largely unattended while the Chair comments on everything political.

Lets give the Mogeni man a chance though.
Friday, March 23, 2007
Events
The commonwealth Law Conference will be held in Nairobi this year. This will be a perfect event for Kenyan Lawyers to meet with their counterparts from Commonwealth countries. This will be the second time the conference is coming to Africa.

For more details check this website

Commonwealth Law Conference

Meanwhile some Law Student claims the reason she can get a job is due to deragatory comments made about her on the WWW. Check this Article