Interpretation in this act unless the context otherwise requires business includes profession. Associations registration and incorporation bill, 2015. The procurement and supplies act cap 412 of the laws of kenya became. Many young people in kenya have tried to form companies either as groups or as individuals but the process has been lengthy and tedious. Business name registration in kenya partnership business. This act may be cited as the registration of business shonte. The registrar will refuse to register any name that is identical or similar to another name used by an individual, trader, registered under the business name act or company registered under the companies act.
The legislation is among other business laws aimed at easing the operation of businesses in kenya. In case of a business, name registration form rbn 2 should be completed and submitted with a copy of the applicants identity document and p150. In a good measure to ensure kenya is the most attractive business destination for investors, the president signed into law the business registration services act on 11th september 2015. Sole proprietorships and partnerships are both registered under the business names act. Before you register a business name there are some things to consider. Bn6 republic of kenya the registration of business names act cap. How to register a partnership business in kenya is a common question for entrepreneurs. Notified stateterritory registers division 3constitutional basis and application of this act and the transitional act 7.
Business form bn6 notice of cessation no fee payable bn. Registration of business names in kenya sole proprietorships and partnerships are both registered under the business names act. What is the difference between a bn registration and a limited company registration. It should be noted that reservations business company names are only valid for 30 days and only valid reservations are accepted for business company registrations. This act may be cited as the business licensing act, 1972 and shall be deemed to have come into operation on the first day of september, 1972. Business registration service brs transforming service delivery. Registration of business names in kenya capita registrars kenya. Registration of business names in kenya slideshare. Fee schedule companies registry brs business registration. You can apply for an australian business number abn and register your business name online. Consent to registration of a name which is the same as another in the registrars index of company names.
How to register a company in kenya 2020 victor matara. The business registration services act 2015 establishes the business registration service brs to streamline effective administration of the laws relating to the incorporation, registration. The regulations contained in table a of part i in the first schedule to the companies act such table being hereinafter called table a shall not apply to the company except so far as expressly incorporated herein. Registration is done at the patents and companies registration office. View notes business form bn6 notice of cessation from bsa 110 at yavapai college. Registration of business names act government of saint lucia. Firms, individuals and corporations to be registered. Visit the kenya business guide website for a pdf version of form cr8 at. However, its now easy to register a company through the ecitizen portal. Registration of societies and associations in kenya. The following details must be provided upon registration. These regulations may be cited as the companies general regulations, 2015. Business names registration act 1918 uganda legal information.
In terms of the companies act, 2008, a company may be registered with or without a company name. Interpretation in this act unless the context otherwise requires. This act may be cited as the registration of business names act. A name is then reserved pending registration of the business name partnership. A partnership may be formed by any kind of agreement. Registrar of companies state law office and department of. A community based organization cbo is a registered nongovernmental, nonprofit and nonpolitical organization within communitybased organizations cbos, there are many variations in terms of size and organizational structure. Registration, licenses and permits company formation and registration the companys act cap 388 governs the registration of companies in zambia. Any two or more persons can incorporate a company under the companys act. Distinction between a limited company and business name, kenya. An act to provide for the registration of firms and persons carrying on business under business names and for purposes connected therewith.
All investments should register their business names with the registrar of companies. The business registration service act, 2015 establishes business registration service brs as a semiautonomous body under the office of the attorney general and department of justice. An act of parliament to establish the business registration service to ensure effective administration of the laws relating to the incorporation, registration, operation and management of companies, partnerships and firms, and for connected purposes enacted by the parliament of kenya as follows part ipreliminary 1. Preparation of the proposed constitution of the society. So many kenyans think that to register a partnership company is a hectic process. Improving health and safety in workplaces by ensuring that order, occupational safety, health, hygiene and environmental management principles are observed by all operators. Building trust and confidence in our economy, and making kenya a transparent, fair and easy place to do business. The registration of business names and limited partnerships is determined by separate legislation, principally, the registration of business names act cap 499 and the limited liability partnerships act. The business names registration act an act to provide for the registration of business names. You can also watch our youtube video to learn more about registering a business name. The body is in charge of all registrations of a business or a company in kenya.
Names of the directors in full if different from the shareholders. Business structures in kenya university of cambridge. The companies registration office is the central repository of public statutory information on kenyan companies and business names. Societies, associations and clubs are registered under the societies act in kenya by the registrar of societies. Registering a business name asic australian securities. Oct 03, 2014 procedure for registration of a business name in kenya name search a search is conducted to establish if the proposed names are available for registration.
The process of online business registration in kenya is done after a name search and reservation by the office of the attorney general. Then you go to the attorney general section, where you do first a name search. Proof of domain name ownership is required to process these applications. A sole proprietorship is formed by only one person. If the partnership does not trade under the names of the partners, the business names to be used by the partnership must be registered under the registration of the business names act, chapter 499 of the laws of kenya. Registration of trademarks in kenya capita registrars. This act may be cited as the business names registration act.
Business registration in kenya is an entity under the registrar of companies. When a company is registered without a reserved name, its registration number automatically becomes the company name. One can now do a name search and even register their business fully online on ecitizen. Legal affairs companies registry online services welcome. Anyone with an ecitizen account can submit a request for business name search. Such a company may transact with a trading business name, or may apply to add a. Governing legislation companies act cap 486 trustees act cap 167 trustees perpetual. An act of parliament to make provision for the registration and incorporation of associations the governance, financial accountability and other matters relating to the rules and membership of associations registered under this act. The proprietor s are personally responsible for all the affairs pertaining to the business.
A comprehensive law while the new act does not usher in a whole new code for corporate governance and doing business in kenya that revolutionises the law what it does do is to introduce a much heavier regime requiring substantial compliance. A trademark is a mark or sign that distinguishes the goods of one entity from another. Do you have that mark, that word, that sign or brand that you identify with. A sole proprietorship is a business registration under the business names act and is generally referred to as a bn registration business name. The departments mission is to ensure efficient and effective administration of entities interalia the registration of businesses, industrial property, marriages, administration of estates and public trust, provide friendly services and accurate data for national and economic development. Here is how to register a business in kenya hapakenya. Where there are more than two people involved in the registration of a bn. This act makes provision for the administration and procedures relative to the registration of titles in land to which this act applies, defines the effect of registration of title, defines special powers of the principal registrar of titles and a registrar of titles, provides rules relative to the form and effects of transfer of title, lease, charges, power of attorney, caveats and provides. Initial steps to establishment members propose a name and the objects of the company. This process takes at most two weeks to have your business registered and running.
The australian government business registration service combines several business and tax registrations in one place, making it even easier to start a business. The business registration process involves fillingin the application for registration of business name form and submitting it with one passport photo or a copy of id in the blantyres registrar generals office. The nature of business activities the company shall undertake. We also offer consultancy and training in good corporate governance and proper board evaluation. Cro business name registration irish government website. Once accepted, the names are reserved for a period not exceeding 30 days pending registration. Guidelines to the companies act, 2015 state law office.
Business registration in kenya is commonly referred to as sole proprietorships, bn2, or partnerships and are registered under the business names act. A business name is the name your business operates under. An application for renewal of registration should be made at least fourteen 14 days before the expiration of the current period of registration. Guidelines to the companies act, 2015 state law office and. The kenya business guide kbg is a thinktank that seeks to support the improvement and strengthening of the business environment in kenya by providing access to information on key features of both the private and public sector prerequisites in the effective functioning of business. Company registration in kenya, company secretary in kenya cps, filing annual returns, cr 12, management training, corporate governance simplified.
Registration of business names act an act to provide for the registration of firms and persons carrying on business under business names and for purposes connected therewith. Registering a company in kenya was once a difficult and complicated process. Registration of business names act 2011 national assembly. You must be able to access your ecitizen portal to obtain a business name registration form in kenya. Company and business name registration go botswana. Please read carefully the notes overleaf business name. In this section, set out particulars relating to the business.
Due to the size of some of the pdf files, it is recommended that you first download the pdf file to your pc before attempting to open it. Caroline wanjiku kago chairperson, department of private law, kenyatta university school of law kusol leah kiguatha lecturer, department of public law, kenyatta university school of law kusol. The application for reservation of a name is done by a letter along with the prescribed fees. Some browsers are known to crash when attempting to open large pdf files. Registrar, his deputy and assistants, and register.
You need to register a business name if you conduct business under a name other than your own. I, the undersigned, hereby apply for registration pursuant to the provisions of the registration of business names amendment act 2006, and for that purpose declare all statement of particulars furnished on this form to be true to the best of my knowledge and belief. Here are the steps you must follow in order to register your company. Differance between a limited company and a business name. Company and business registration process in kenya.
There will not be an overnight need to re register or rewrite the rules. Its important to note that from 15th october 2017, no manual registration of businesses will be done by the registrar of companies. This act may be cited as the business names registration act 2011. An act to provide for the registration of firms and persons carrying on business under business names and for purposes connected. Registration of business names act kenya investment authority. Their primary role is to ensure that businesses and companies in kenya are issued will all necessary certificates. A sole proprietorship is formed by only one person whereas a partnership will consist of at least two persons and a maximum of 20 persons. The registration of businesses in kenya has been made easier and faster. Every document the registration whereof is compulsory shall be registered within two months after its execution, and if executed outside kenya it shall be registered within two months after its arrival in kenya. Currently, all new registrations of companies, business names and limited liability partnerships are.
Registration of business names act kenya law reports. The pbo act is meant to repeal the ngo act so that, among other changes, all ngos which are on the appointed day registered in kenya under the ngo act shall be deemed to be provisionally registered as pbos and have up to one year from the appointed date to seek registration as a pbo under the new act. Business names registration act 2011 table of provisions part 1preliminary division 1introduction 1. The companies act cap 486 laws of kenya company limited by shares. The registration of business names ending in a domain name suffix such as. Well, until you register it, it is not yours and you have no exclusive claim to it. Jul, 2016 community based organization cbo in kenya. Business name search business registration service. We also act as company secretaries of various companies in kenya. Only companies are affected by enactment of the companies act 2015.
Name search this is the first step and you are required submit three names for consideration. Business names registration 3 references in this act to a change of name shall not include a change of name which has taken place before the person whose name has been changed has attained the age of eighteen years, or, in the case of a peer or a person usually known by a. Short title this act may be cited as the business names registration act. Registered in accordance with the registration of documents change of name regulations.
How to register a partnership business company in kenya. Business names registration chapter 109 the business names registration act. Nov 11, 2011 an act in relation to business names, and for related purposes assented to 3 november 2011 the parliament of australia enacts. Kindly fill out the form below and we will get in touch within an hour. Every registration and every renewal for registration is valid for three years after the date of the certificate of registration. An act to provide for the registration of business names.
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