Registrar of Companies seeks public input on new company registration laws
The new regulations are focused on enhancing the ease of doing business, particularly for foreign entities, and improving transparency through the BRS and requirements for beneficial ownership registers.
The government is angling to issue fresh regulations on opening and operating companies by locals and foreigners through three Bills they have subjected to public scrutiny for comments and feedback.
Acting Registrar of Companies Damaris Lukowo, on Tuesday, through one of the leading dailies, placed a notice calling on Kenyans to give their views on the Draft Trust Administration Bill, 2025, Companies (Foreign Companies) Regulations 2025 and the Companies (Annotation and Rectification) Regulations, 2025.
More To Read
- Ghana’s war on illegal gold mining fails: How political elites, corruption undermined moratorium
- SMEs see brighter outlook but struggle with market access, corruption - report
- Eastleigh booms as East Africa’s borderless marketplace, drawing diverse traders and entrepreneurs
- Rising costs force many small businesses to cut corners, but customer loyalty key for survival
- Kenya tops East Africa in investment appeal on low risk profile
- Business operators protest excessive permits and taxes, demand unified permit system
Lukowo indicated that views be sent before September 8, 2025, stressing that the Business Registration Service (BRS) is mandated to administer policies, laws and other matters relating to registration of companies, partnerships and firms, and corporations transacting under a business name, bankruptcy, hire purchase, security rights and more recently, the incorporation of trustees.
“Pursuant to Article 10 (2)(a) of the Constitution, the Service through this Notice invites members of the public and stakeholders to review and submit comments on the draft of the Draft Trust Administration Bill, 2025, Companies (Foreign Companies) Regulations 2025 and Companies (Annotation and Rectification) Regulations, 2025,” reads the notice.
The new regulations are focused on enhancing the ease of doing business, particularly for foreign entities, and improving transparency through the BRS and requirements for beneficial ownership registers.
While specific details are subject to official legislation, general requirements include appointing at least one director, having a registered office, and providing identification documents for all directors and shareholders. Foreign companies must also navigate local requirements, possibly requiring a local director or secretary to facilitate tax registration and other processes.
According to Njaga and Company Advocates, registering a company in Kenya involves adhering to specific legal and procedural requirements outlined under the Companies Act 2015 and the Company (General) Regulations.
“With various company structures available, understanding these requirements ensures compliance and smooth business operations. This article outlines the 10 essential requirements for registering a company in Kenya, with added insights on timelines, costs, and regulatory compliance to guide entrepreneurs and investors who want to set up a business in Kenya,” noted the law firm.
Kenya has been angling for the last decade to streamline its economic atmosphere to make it suitable for foreign and local investors to gain ease in doing business. These changes began in 2015 when six legislations meant to transform Kenya’s business landscape and thrust the country’s competitiveness were unveiled.
The Companies Act, the Insolvency Act and the Special Economic Zones Act, the Business Registration Service, the Companies and Insolvency Legislation (Consequential Amendments) Act 2015 and Finance Act amendments 2015 were signed into law by former President Uhuru Kenyatta.
The laws, which replaced archaic business regulations long blamed for the bureaucratic barriers in starting and running businesses in Kenya, were hailed by lawyers and other business stakeholders as ‘transformative’.
The Companies Act, for example, had been long overdue. Despite the change that has characterised the modern business ecosystem, Kenya has been relying on the legislation for over 60 years.
The new company law allows a single person to form a company, which is in contrast to the earlier legislation that required at least two directors.
Solo entrepreneurs will now have the legal backing to go it alone and form a private company as the sole member and director, giving them the advantage of the limited liability aspect of registered companies.
The old legislation under Section 4 (1) of the Companies Act Cap 486 of the Laws of Kenya required a minimum of seven persons and two persons for the formation of a public and private company, respectively.
Top Stories Today
