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Fees for bankruptcy, companies and collateral registry in Kenya 2021

Victor Mochere by Victor Mochere
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 1st 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

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Victor Mochere

Victor Mochere is an award winning blogger, social media influencer, literati savant, altruistic, and a netpreneur creating and marketing digital content.

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