Fees for bankruptcy, companies and collateral registry in Kenya 2020

in Business

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Fees for bankruptcy, companies and collateral registry in Kenya

There are fees charged in order for one to register a company or collateral, or file for bankruptcy in Kenya. Any person can register a business/company in Kenya upon meeting the requirements, producing the required documents and paying the stipulated fees. There are also fees paid when registering a movable asset (collateral) that is subject to a security right or a receivable that is subject to an outright transfer.

Additionally, fees are also paid to the Official Receiver in insolvency as regards to licensing and supervision of insolvency practitioners, administration and supervision of bankruptcy of natural persons, and administration and liquidation of companies. In this article, we have highlighted the full fees schedules for companies registry, collateral registry, official receiver and other miscellaneous fees in Kenya.

Contents

1. Companies registry
2. Collateral registry
3. Official receiver
4. Fees chargeable by registrar for inspecting documents or obtaining copies of documents or information
5. Miscellaneous fees
6. Fees payable to the High Court and Attorney General
7. Fees chargeable by companies for services provided under the act

1. Companies registry

Service	Fees	Document lodged	Document issued	Time
Name Search & Reservation	Ksh 150	Application made online	Name reserved	1 day
Registration of Business name	Ksh 850	BN 2	Certificate of Incorporation	1-2 days
Limited Liability Partnership	Ksh 25,000	New Registration LLP 1	Certificate of Incorporation	1 day
Private Limited Company	Ksh 10,650	CR 1, CR 2, CR 8, Statement of Nominal Capital	Certificate of Incorporation	3-5 days
Public Limited Company	Ksh 10,650	CR 1, CR 2, CR 8, CR 10, CR 12 and Statement of Nominal Capital	Certificate of Incorporation	3-5 days
Unlimited Companies	Ksh 20,050	CR 1, CR 4, CR 8 Statement of Nominal Capital	Certificate of Incorporation	3-5 days
Company Limited by guarantee	1-25 members Ksh 3,000 26-100 members Ksh 7,500 Over 100 members Ksh 15,000 + additional Ksh 2,000 for each additional 50 members License to dispense with the word limited Ksh 3,000	CR1, CR 3 and CR 8	Certificate of Incorporation	3 days upon receipt of vetting report from NIS
Change of name of Company/Business Name/Limited Liability Partnership	Business Name Ksh 800 subject to penalties Company Ksh 4,000 LLP Ksh 2,000	Company CR 15 & CR 19/Business BN 4/LLP 9	Certificate of Change of Name	1 day
Change of Office bearers	Ksh 550 (each)	CR 6 & CR 9 where applicable	CR 12	3 days
Change of Particulars of Directors	Ksh 550	CR7	CR 12	2 days
Change of address/location of Company	Ksh 550	CR 16	No document issued (Reflected on company records)	1 day
Appointment of Company Secretary	Ksh 550	CR 10	No document issued (Reflected on company records)	2 days
Change of Particulars of Company Secretary	Ksh 550	CR 11	No document issued (Reflected on company records)	1 day
Change of Residential Address of Company Secretary	Ksh 550	CR 12	No document issued (Reflected on company records)	1 day
Cessation from office of Company Secretary	Ksh 550	CR 13	No document issued (Reflected on company records)	1 day
Increase/Decrease of Nominal Capital	Increase varies with the Nominal Capital	Resolution of company, Court Order for decrease in value	No document issued (Reflected on company records)	1 day
Variation of Shares	Lands (stamp duty)	Resolution of Company	No document issued (Reflected on company records)	1 day
Change of Particulars of Business Name	Ksh 200 (upon submission of an original BN certificate) Ksh 400 (upon submission of a copy of BN certificate) subject to penalties where applicable	BN 4	BN 5 (Certificate of change of particulars)	3 days
Change of Particulars of LLP	Ksh 2,000	CR, LLP	Can apply for CR 12 to see changes	Varies
Conversion of Private to Public Limited	Ksh 7,000	CR 17 accompanied by documents stipulated on the forms i.e. CR 15, CR 18, CR 19 Amendment memorandum – Ksh 2,000 CR 19 – Ksh 2,000 CR 18 – Ksh 2,000 CR 15 – Ksh 2,000	Certificate of Conversion	2 days
Conversion of Public to Private Limited	Ksh 7,000	CR 17 accompanied by documents stipulated on the forms i.e. CR 15, CR 18, CR 19 Amendment memorandum – Ksh 2,000 CR 19 – Ksh 2,000 CR 18 – Ksh 2,000 CR 15 – Ksh 2,000	Certificate of Incorporation	2 days
Conversion of Private Limited Company to Unlimited Company	Ksh 7,000	CR 17 accompanied by documents stipulated on the forms i.e. CR 15, CR 18, CR 19 Amendment memorandum – Ksh 2,000 CR 19 – Ksh 2,000 CR 18 – Ksh 2,000 CR 15 – Ksh 2,000	Certificate of Conversion	2 days
Conversion of Public Company to Unlimited Company	Ksh 7,000	CR 17 accompanied by documents stipulated on the forms i.e. CR 15, CR 18, CR 19 Amendment memorandum – Ksh 2,000 CR 19 – Ksh 2,000 CR 18 – Ksh 2,000 CR 15 – Ksh 2,000	Certificate of Conversion	2 days
Conversion from Limited Company to Limited Liability Partnership	Ksh 25,000	LLP 7	Certificate of Conversion	2 days
Conversion from Business Name to LLP	Ksh 25,000	LLP 5	Certificate of Conversion	2 days
Cessation of Business Name	Ksh 800 subject to penalties	BN 6	Letter of Confirmation	1 day
Declaration of solvency or insolvency	Ksh 2,000	LLP 10	No document issued (Reflected on company records)	Immediately
Dissolution of Companies	Ksh 4,000	Resolution of Company and CR 18 & CR 19	Letter of Confirmation	90 days
Registration of Debentures/Charges	Ksh 2000 – Ksh 14000	Security Instrument accompanied by CR 25, CR 26 or CR 27	Certificate of Mortgage	2 days
Discharge of Charge/Debenture	Ksh 2,000	CR 28	Certificate of Clearance	1 day

2. Collateral registry

Service	Fees	Document lodged	Document issued	Time
Search request	Ksh 500	Application made online	Search Certificate	Immediately
Initial Search	No fee payable	Application made online	Notice to Registrant of the Initial Notice	Immediately
Amendment Notice	No fee payable	Application made online	Notice to Registrant of an Amendment Notice	Immediately
Grantor’s request for registration of Amendment/Cancellation Notice	No fee payable	Application made online	Notice to Secured Creditor of Grantor’s request for Amendment/Cancellation	Immediately
Cancellation Notice	No fee payable	Application made online	Notice to Registrant of Cancellation Notice	Immediately

3. Official receiver

Service	Requirements	Fees		Time
Issuance of Compliance Certificate for debtor’s petition in bankruptcy	Form No. 9 Form No. 10 Form No. 11 Form No. 8	Ksh 30,000		1 day
Issuance of Compliance Certificate for creditor’s petition in bankruptcy	Form No. 3 Form No. 4 Form No. 5 Form No. 9 Form No. 6	Ksh 50,000		1 day
Gazettement of order appointing the Official Receiver (From the petitioner or the Deputy Registrar of the court that made the order)	Form No. 13 Form No. 14	Paid from the amount deposited according to the printer’s rates		Gazette within 30 days after issuance
	Form No. 32G Form No. 32F
	Form No. 37 Form No. 35
Holding 1^st creditors meetings	Debtor’s presence is mandatory	Nil		Within 30 days after issuance of bankruptcy order
	Creditors to file Proof of Debt forms	Ksh 500
Public Examination	Attendance of debtor and creditors in court	Nil		Determined by the court
Supervising Bankrupt/No Asset Procedure/Summary Installment orders	The applicants are expected to fully comply with the insolvency Act Form No. 20	Nil		Every 3 months
Application for Insolvency Practitioners	Applicants to fill Form No. 1 and supply all the requisite documents	Ksh 50,000		5 days
Supervising the bankrupt	The Debtor/Bankrupt reports to Official Receiver after every three months	Fees as per remuneration order after discharge		Within every 3 months
Gazettement of Insolvency Practitioners	The Official Receiver will keep updating the register	As per the printer’s rate		Annual
Perusal of file	The customer to provide an official request	Ksh 200 per file		1 day
Inspection of documents	The customer to provide an official request	Ksh 200 per file		1 day
Request for certified copies (The customer to provide an official request)	Public register of Bankrupts/No Asset Procedure/Summary Installment Order	Ksh 1,000		1 day
	Other documents	Ksh 500 per page
Application for admission to the No Asset Procedure	Form No. 12 Form No. 28 Form No. 9	Ksh 15,000		Subject to creditors objection
Application Summary Installment Orders	Form No. 24 Form No. 9 Form No. 12	Ksh 20,000		Subject to creditors objection
Application for list of Insolvency Practitioners	Official request by clients	Ksh 500		1 day
Application for Individual Voluntary Arrangement of natural persons	Form No. 8 Form No. 10 (amended) Form No. 11 Form No. 23A Debtor’s proposal	Ksh 30,000		Subject to approval by creditors
Appointment of a Liquidator by court	Official Receiver	Form No. 32G Form No. 32F Form No. 32		Subject to co-operation of parties
	Insolvency Practitioner	Form No. 32G Form No. 32F	Ksh 10,000
Application for Administration through court	Form No. 32 Form No. 32D Form No. 36	Ksh 40,000		1 hour
Appointment of an Administrator	Official Receiver	Form No. 35 Form No. 36 Form No. 37		Within 1 year of appointment
	Insolvency Practitioner		Ksh 10,000	1 day
Application for Members Voluntary Liquidation	Form No. 32A Form No. 32B Form No. 32	Based on the value of subject matter On the first Ksh 1,000,000 pay Ksh 100,000 10% on the balance thereafter		Within 1 year of appointment
Application for Creditors Voluntary Liquidation	Form No. 32A Form No. 32B	Based on the value of subject matter On the first Ksh 1,000,000 pay Ksh 150,000 10% on the balance thereafter
Application for Company Voluntary Arrangement	Form No. 32 Form No. 32C (amended) Form No. 32D Directors’ proposal	Ksh 40,000		Subject to approval by creditors
Filing of an appointment of a proxy	Form No. 17	Ksh 1,000		1 day
Appointment of an Insolvency Practitioner as liquidator under Voluntary Liquidation	Members Voluntary Liquidation	Form No. 32 Form No. 32A Form No. 32B	Ksh 10,000	1 day
	Creditors’ Voluntary Liquidation	Notice of creditors’ meeting Minutes of the meeting Resolution for liquidation
Issuance of a Certificate of Compliance for a liquidation petition	Member’s petition (director & shareholders)	Form No. 32C Form No. 32D Form No. 32	Ksh 40,000	1 day
	Creditor’s petition	Form No. 32C Form No. 32D Form No. 32E
Objections	No Asset Procedure	Reply to Official Receiver’s notice to creditors	Nil	1 day
	Summary Instalment Order	Form No. 25	Ksh 4,000
Requesting for and receiving the statements of affairs	Filled statements of financial position	Ksh 2,000		14 days after the order
Declaration of the dividends	Proof of debt forms Official receiver’s calculated accounts. (Form No. 32J, 32K)	Nil		Determined by the court
Application for release of the Official Receiver	Bankruptcy Trustee	Form No. 16 Form No. 15 Form No. 21 Form No. 22 Form No. 22A	Nil	Determined by the court
	Liquidator	Form No. 32L Form No. 32K Form No. 32H Form No. 33 Form No. 34

4. Fees chargeable by registrar for inspecting documents or obtaining copies of documents or information

No.	Matter	Fee
1.	Disclosure by the Registrar under section 203 of the Act of protected information to a credit reference agency	Ksh 500
2.	Right under section 227 of the Act to inspect the register of disqualification orders and disqualification undertakings relating to company directors	Ksh 500
3.	Right to inspect the register of foreign restrictions under section 236 of the Act	Ksh 500
4.	Under section 834 of the Act, for the provision of documents, or parts of documents, forming the Register	Ksh 500 per page
5.	The right of a person under section 836 of the Act to a copy of a certificate of incorporation of any specified company	Ksh 500
6.	The right of a person under section 884 of the Act to inspect a company’s register of charges	Ksh 500

5. Miscellaneous fees

No.	Matter	Fees
1.	For making an application for a licence under section 55 of the Act	Ksh 3,000
2.	For lodging of a notice of change of name lodged under sections 63 and 64 of the Act:
	If lodged within 14 days after the date of the change	Ksh 2,000
	If lodged after the expiry of that period	Ksh 3,000
3.	For the registration under section 878 of the Act of a charge created by a company, or for the registration under section 879 of the Act of a charge existing over property when acquired by a company
	If the amount secured by the charge does not exceed Ksh 10,000,000	Ksh 2,000
	If the amount secured by the charge exceeds Ksh 10,000,000 but does not exceed Ksh 50,000,000	Ksh 4,000
	If the amount secured by the charge exceeds Ksh 50,000,000 but does not exceed Ksh 100,000,000	Ksh 6,000
	If the amount secured by the charge exceeds Ksh 100,000,000 but does not exceed Ksh 150,000,000	Ksh 8,000
	If the amount secured by the charge exceeds Ksh 100,000,000 but does not exceed Ksh 150,000,000	Ksh 10,000
	If the amount secured by the charge exceeds Ksh 150,000,000 but does not exceed Ksh 200,000,000	Ksh 12,000
	If the amount secured by the charge exceeds Ksh 250,000,000	Ksh 14,000
4.	For the registration under section 883 of the Act of a verified copy of a document creating or evidencing a charge over property located outside Kenya	Ksh 2,000
5.	For the registration under section 887 of the Act of a memorandum of satisfaction lodged in respect of a registered charge	Ksh 2,000
6.	For an application by a company to strike its name off the register under section 897 of the Act	Ksh 2,000

6. Fees payable to the High Court and Attorney General

No.	Matter	Fees
1.	Right of certain persons under section 797(4) of the Act to obtain a copy of a report submitted to the Court by an inspector appointed by the Court	Ksh 500 per page
2.	Right of certain persons under section 809(4) of the Act to obtain a copy of a report submitted to the Attorney General by an inspector appointed by the Attorney General	Ksh 500 per page

7. Fees chargeable by companies for services provided under the act

No.	Matter	Fees
1.	Right of a person under section 96 of the Act to inspect a company’s register of members	Ksh 500
2.	Right of a person under section 96 of the Act to obtain a copy of a company’s register of members under section 96 of the Act	Ksh 500
3.	Right of member under section 192 of the Act to obtain copy of a director’s service contract, or a memorandum setting out the terms of the contract,	Ksh 500
4.	Right of a member under section 199 of the Act to obtain copy of qualifying indemnity provision relating to a director of the company.	Ksh 500
5.	Right of person other than a member to inspect under section 248 of the Act a company’s register of secretaries	Ksh 500
6.	Right of member on request made under section 320 of the Act to obtain a specified company record	Ksh 500
7.	Right of a person under section 550 of the Act to obtain a copy of report made under section 548 of the Act	Ksh 500
8.	Right under section 553 of the Act to inspect and require copies of entries in register of interests	Ksh 500
9.	Right under section 574 of the Act of a person other than a member to inspect a company’s register of debenture holders	Ksh 500
10.	Right under section 574 of the Act of a person to obtain a copy of a company’s register of debenture holders	Ksh 500
11.	Right of a debenture holder under section 578 of the Act to obtain from the company a copy of the trust deed securing debentures	Ksh 500
12.	Right of creditors, members and others under section 892 of the Act to inspect documents that create company’s charges and to inspect company’s register of charges.	Ksh 500