Business setups

While investing in this region, your business should choose the right legal and tax structure. The company registration process in Kenya, Uganda, Tanzania and Rwanda has similar requirements. You need an advisor who will appreciate your business goals before advising on the best registration option. I advise on the setting-up of businesses and inflow of investment funds into local entities such as companies, LLCs, partnerships, non-profit organizations and trusts. My experience in full setup in East Africa includes: office setup, local licenses, bank accounts, immigration permits, HR and tax setup. Local experience with regulators, is invaluable for your plans in this region. While this region follows international legal practice, some administrative changes can create legal and financial hurdles to your business. I have been a World Bank contributor since 2016 on the “Doing Business project.” This was a comprehensive research project on indicators in improving the business environment.

What I Offer.

Free initial call and fast turnaround times.

• Company Registration in Kenya, Tanzania, Uganda, Rwanda.

• Fixed Fee Packages.

• Document checklist – required documents.

• Tax law services.

• Multi – currency bank account with internet banking.

• Full office setup packages including securing an office address.

• Compliance checklist while in operation.

• Local or Resident director services.

• Trustee services.

• Employment and Immigration advisory services.

• Trademark registration.

• Advice on government bids, trade finance.

Company setup packages.

Free services: initial chat on process.

Basic registration: covers basic company registration. This package is ideal for business owners who have registered a company in this region before or who are familiar with the process. This package includes: preparation of company forms, company registration.

Full package: includes all Basic offerings, advice on shareholder agreements, lawyer consultation with phone and live support, tax registration, bank account opening, office address, company secretarial services for 6 months.

Additional Packages: I offer local or resident director services, tax filing, day to day legal advisory solutions, negotiation support, contract review and drafting. You can outsource all your tax, legal, HR functions to me at an agreed fee.

Retainer: covers the Full package. On retainer, I offer company secretarial services and general counsel support. For a fixed fee on a monthly or quarterly basis, I will be on call for all your legal and tax functions.

Common questions about business setup.

General commercial attorney questions – use link to FAQs on the website I am a business and tax lawyer practising in East Africa. This region covers: Tanzania, Kenya, Uganda, Rwanda, DRC and South Sudan. Company registration in East Africa has been simplified with investment incentives offered to compliant businesses.

How do I communicate with my attorney or lawyer? While I prefer email communication, you can reach out using your preferred platform. You will receive a response to your email within 8 hours during business hours. All client calls are covered by attorney – client confidentiality.

What is the best company structure for me? There are various options for doing business including: companies limited by shares, trusts, charities, partnerships. Your business structure has different legal and tax implications. While the default is to register the lightest structure, it is vital to consider your needs. Let us discuss the best structure by looking at your business goals.

Common factors in choosing the best registration option

It is advisable to consider the sector you are intending to enter.

• Are there restrictions to your type of business? Some restrictions may include minimum share capital, local content.

• How will the shareholders and directors be managed?

• Which geographical territories will you be operating?

• Is there a need for more financing, investor engagement?

• Will be you be offering your employees some incentives?

• Is this registration a short or long term investment?

• Are there tax risks to your type of business structure?

• Does your business have intellectual property assets?

• What are your corporate governance plans?

Do I need a lawyer for company registration? While this process is relatively easy, there are other matters to consider. Local knowledge and experience in changes at the government office will minimise costs from delays in this process. A lawyer can advise on shareholder agreements, appropriate constitutional documents, tax structures, company closure or exit. Your company documents should reflect your needs. Let me guide you through the entire process including sector specific guidelines, local licenses, office setup, recruitment options and tax filings.

Required documents for company registration Identification documents in the form of a copy of the passport bio pages of the shareholders and directors will be needed

Local companies or new companies: 4 alternative proposed names for your business.

Foreign companies or branches: Certified copy of the Certificate of incorporation from home country, memorandum and articles of association/ by laws/ charter / constitution. These documents should be translated into English. I can also assist to procure translation services in country.

I will prepare a document pack of registration forms to be submitted to the government office.

Branch registration or registering a foreign company International businesses can register a “branch” without needing to apply for a new local

company. This means the structure as registered in the home country will be the same in this region. The required documents will include: Certificate of incorporation from home country, memorandum and articles of association. I will prepare a document pack of registration forms to be submitted to the government office.

Can a foreign company be a shareholder in the local company Yes, your international business can be a shareholder in a local company.

Can my company have only foreign directors? Yes, your business can be 100% foreign owned. Let us chat about the sector you intend to operate to ensure you comply with local content requirements.

Timelines - How long does it take to register a company? Upon receiving required documents and information, process timelines will be shared. From my previous clients, I have completed the company registration as below:

• Rwanda – 1 working day

• Uganda – 2 working days

• Tanzania – 5 working days

• Kenya – 5 working days

Fees to register a company No fees are charged for the initial chat. See the company setup packages. You will be charged a flat fee to handle the entire registration process. A clear breakdown of professional fees, government fees and disbursements will be shared by email.

Can I pay your fees using crypto currencies? I offer various payment options including crypto, credit cards, mobile money, EFT.

Do partnerships, joint ventures, foreign contracts have to register? This requires a more detailed chat on the legal implications. A chat on the nature of the business, territory covered, legal issues around enforcement of rights will enable you make a better decision.

Bank account setup – Kenya, Rwanda, Tanzania, Uganda: Many international banks operate in this region. Your business can operate a multi-currency bank account after company registration.

Is it possible to open a bank account without my presence? Let me support you by using my network to setup your company bank account.

What are some issues in withdrawing monies from the company account? The laws do not impose foreign exchange controls. However, there are administrative issues. Banks in this region are setting up anti money laundering controls which may create additional information requests. Speak with your attorney to ensure the usual document requests are handled before large remittances.

What documents do I need to register my branch in this region? Foreign companies or branches: Certified copy of the Certificate of incorporation from home

country, memorandum and articles of association/ by laws/ charter / constitution. These documents should be translated into English. I can also assist to procure translation services in country. I will prepare a document pack of registration forms to be submitted to the government office.

Can the attorney find me office space in the interim? The comprehensive setup package includes co –working space in a commercial building. Select clients can use my address for official correspondences if needed.

Is it possible to have a virtual office? Yes, this option is available at an extra cost.

Can I purchase a local company? Yes, you can purchase an already existing company. There are opportunities to negotiate such purchases in this region.

Fees for share transfers: Official fees are a percentage of the amount of shares to be transferred. Professional fees are negotiable based on the volume of work to be done.

How do I close my company in this region? Let us chat about the options to exit this region.

Are there restrictions on foreigners owning land? There is no general restriction on foreigners owning land. However, the various land systems create legal issues for foreigners to consider before considering land purchase.

Do I need to be in country to setup legally and for tax? Your company can be setup without your physical presence in country.

• Tax structuring and support – link to Fees. I offer full legal and tax support. This package includes company registration, tax structuring, filings and in house accounting support. Let us chat about fixed fees in this process based on your needs.

• Can I change from a sole proprietor to a company? Our laws and practice allow for converting this entity into a company.

• Which date can I start operating? Let us discuss your legal status and various authorisations to allow you start operating.

• Which other services do you offer? Feel free to reach out on any further support you may need. I also offer company secretarial services, local nominee directorship, and escrow agent assistance. If I cannot help, let me connect you to like-minded colleagues in different sectors to assist you setup in this region. Your company can be setup without your physical presence in country.

Are you ready to chat about setting up in East Africa? Let’s chat