HOW TO CLOSE A FOREIGN COMPANY REGISTERED IN KENYA

The Business Registration Service (BRS) is seized with the powers to register or deregister branches of foreign companies registered in Kenya.  However, it is important to note that for a foreign company to cease operations in Kenya, it must be verified, complaint in terms of filing its financial statements with BRS as well as compliant in terms of payment of taxes to Kenya Revenue Authority. In this article, we provide an insight on how one can apply for cessation of business of a foreign company in Kenya.

A branch of a foreign company that intends to cease operations in Kenya may make an application for cessation of business to the Registrar by filing the following documents:

1. A notice of closure of place of business of a Foreign Company in Kenya (Form FC6);
2. A notice of cessation of business in Kenya of a registered Foreign Company (Form FC7)
3. Resolution to close the business
4. Most recent audited Financial Statements of the Parent company.

Application Procedure

An application for cessation of business of a foreign company is done on Ecitizen, Business Registration Service section.

Upon login in using the local representative’s or a director’s Ecitizen credentials

• On BRS V1 (OLD VERSION)
• Click on make application then select manual application.
• Process type select company changes then company type pick foreign company.
• Enter the foreign company’s registration name and number.
• On companies Changes select other foreign company changes then proceed to select the service you intend to make form the list provided.

You will then proceed to the stage where you will be required to upload the required documents (FC 6 and/or FC 7 & Resolution) and make payment of the processing fee.

• On BRS V2 (NEW VERSION)
• Click on companies registry services then click on my business and select the foreign company you intend to close.
• Proceed to click on maintain a company of the left-hand side column then select notice of change of particulars of registered foreign company.
• Click apply the enter the company name and registration number.
• Click next and enter the applicant’s address.
• Click next and select the change you intend to make from the provided list (Notice of Cessation of Business in Kenya of Registered Foreign Company);
• Click next and enter the cessation date;
• Click next and upload a duly signed FC 7.
• Proceed to declaration and click complete.

Upon payment, the application status will change to review and the Registrar will consider and approve it if the details provided are in order. In the event there is a mistake or need for more information, a correction will be returned from the registry for the applicant to correct then resubmit the application. Once approved a strike off letter will be issued signifying the company has been closed.

Other changes you can make to a Foreign Company registered in Kenya are:

1. Appointment of an authorized person (local representative);
2. Appointment of a director;
3. Notice of cessation of company directors and local representatives;
4. Notice of hours of opening of a foreign company’s registered office in Kenya;
5. Notice of closure of place of business of a foreign company in Kenya;
6. Notice of amendment of the company’s constitution;
7. Notice of change of company address and location;
8. Notice of cessation of business;
9. File financial statement;
10. Notice of Dissolution or Deregistration of Registered Foreign Company in Place of Incorporation (FC 9 or FC 10); and
11. Conduct an official Search of a Foreign Company registered in Kenya.

At A.O.WANGA ADVOCATES we are happy to assist you with foreign company registration or changes in foreign companies registered in Kenya.

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