Entity Set-Up And Establishment

Our scope of services; We offer a range of services when it comes to Entity Setup and Establishment such as;

PART A: PRE-SET UP ADVISORY

1. Entity Set up

When selecting an entity, evaluating which option best meets your business needs and goals is vital. For instance, it is vital for one to evaluate the objective the entity intends to achieve or rather its needs, liability, flexibility, the taxes involved, level of control, legal protection, costs involved and any other factor that maybe deemed necessary. We specialize in providing advisory services and support for the establishment of all the types of entities depending on what best suits you.

We normally assist in registration of various entities as noted below;

Types of Business Structure;

• Sole Proprietorship;
• Partnerships;
• Private limited companies;
• Public limited companies;
• Limited Liability Partnerships (LLP);
• Companies limited by Guarantee -CLG (Foundations);
• Foreign Companies (Branch office);
• Special Economic Zones (SEZ) Companies;
• Export Processing Zones (EPZ) Companies;
• Co-operative Societies.

Additionally, we offer assistance in registering other entities especially Not-for profit entities including;

• Trusts (Charitable, Non -Charitable and Family Trusts);
• Public Benefit Organisations (formerly known as NGOs);
• Societies;
• Religious Organisations; and
• Any other Entity registerable in Kenya.

i. Preparation of Constitutive Documents of the Entity;

The preparation of constitutive documents is a fundamental part of establishing a legal entity, as these documents form the foundation of the entity’s governance, operations, and legal standing. We assist in drafting and preparing all the necessary constitutive documents including; Memorandum and Articles of Association, By Laws, Trust Deed, Partnership Deeds, Board Charters, Shareholders ‘Agreements, Director’s Service Contracts and Any other applicable constitutive document.

ii. Company Secretarial Services

Depending on the type of entity, we extend our services to ensure that the set-up flows smoothly in compliance with the law through availing company secretarial services. We undertake preparation, replacement and amendment of relevant documentations where applicable.

iii. Local Representative Services.

Some entities such as foreign branches wishing to undertake operations here in Kenya are normally required to have a duly appointed local representative and we normally offer such services.

Domiciliation /Registered office Services.

Generally, most entities are obligated to have registered office physical address within the jurisdiction where they intend to conduct business/operations. Here in Kenya, it is normally mandatory for any entity wishing to operate here to have registered formal address for legal services. We normally offer such services at a reasonable annual fee.

PART B: POST SET UP ADVISORY

When an entity has been set up it is crucial to ensure that you have taken into account all the legal and regulatory compliance to avoid pitfalls that may come along due to non-compliance. We offer tailored services to entities when it comes to compliance including;

Licensing and Permits Advisory

We assist in procuring all types of regulatory licenses/clearances that may be required by the Government, including business permits and other applicable licenses from various Government Regulatory Authorities.

Post Incorporation Statutory Advisory

We offer advisory and guidance to all types of entities to matters relating to obtaining a Kenya Revenue Authority (KRA) Pin (both the entity and its officials), Social Health Insurance Fund (SHIF) and the National Social Security Fund (NSSF), Services.

Our services also cover payroll management, ensuring compliance with statutory deductions such as the housing levy, and Employer of Record (EOR) solutions to facilitate market entry. Additionally, we offer recruitment and hiring support to help entities build compliant and efficient teams, tailored to meet their unique operational needs.

Local Bank Accounts

We assist and offer guidance in opening of local bank accounts for both the entity and its officials.

Office Set ups and Commercial Leases

An entity may be required to lease office premises or buy or purchase a property depending on the nature of its operations.

We assist in such services including drafting and reviewing commercial leases, sale agreements, security /banking agreements, joint venture agreements, assets acquisition agreements etc. to ensure that the entity is compliant when it comes to its Real estate matters.

Protection of Intellectual Property Rights

In addition to registering your entity, it is imperative to ensure that the Intellectual Property Rights are well protected as this will help to protect against infringement, imitation, and counterfeiting of products/ inventions. We offer a wide range of services when it comes to intellectual property rights including registration of trademarks, patents, utility models, copyright and generally all intellectual property (IP) related matters.

Tax Advisory services

Our tax advisory services are designed to guide clients through Kenya's ever-changing tax landscape, ensuring compliance while maximizing financial efficiency. We deliver tax planning strategies that are customized to meet the distinct needs of each business. With our deep expertise in local and international tax laws, we help clients leverage available tax reliefs, reduce liabilities, and implement forward-looking solutions. Additionally, we provide end-to-end support in tax audits, ensuring risk mitigation.

Privacy and Data protection Services

Data protection in Kenya and even globally has become a critical area and hence any entity should take into account all the requirements of data protection. Our team of specialists in data protection offers wide range of services when it comes to data protection compliance including obtaining relevant data protection licenses, conducting thorough data audits, data protection impact assessments (DPIAs), registration with the ODPC, outsourced Data Protection Officer (DPO) services and much more.

Employment and Labour Law Services

Upon setting up an entity it is imperative to ensure that if the entity intends to hire employees it takes into account all the legal and regulatory requirements pertaining to employment and labour laws. Our team ensures that it has taken into account the nature of your business, and structures and offers a wide-ranging advisory and services to ensure that you reduce potential consequences that may occur due to noncompliance. In addition, our team goes ahead to ensure that you have sound HR Policies and related employment policies.

Obtaining of Investment Certificates

We offer guidance and assist investors of various entities procure investment certificates from Kenya Investment Authority. This is especially to investors who wish to undertake multiple investments in various fields and may in addition also wish to obtain the applicable immigration work permits.

Immigration Law Advisory

Depending on the nature of your business your day-to-day engagement in the business and how you intend to run the business as a non- Kenyan citizen, you may need to procure a relevant work/residence permit or entry visa. Moreso if you intend to move together with your family members, we ensure that your family members acquire the most appropriate immigration status. Thus, our team of immigration law specialists offers diverse detailed advice when it comes to all aspects of immigration matters.

Environmental Sustainability and Governance (ESG) Solutions

Depending on the nature of the entity one is setting up we have a team that offers comprehensive guidance when it comes to matters relating to Environmental Sustainability and Governance (ESG) Compliance ensuring that Sustainability and ESG concerns are incorporated into your business from the very beginning.

Compliance Services

We assist with filing of annual returns with respect to entities that require filling of annual returns, changes whether with relation to the officials, registered address or any other particulars with the respective authorities to ensure that the entity is compliant with all the requirements of law and the regulations.

Dissolution of an Entity Advisory

We assist with entity dissolution services including strike offs, insolvency procedures and comprehensive legal advisory relating to dissolution or winding up of an entity.