Business Establishment & Investment Advisory
Foreigners Corner
Legal Prowess
backed by
30 years of
experience
Business Establishment & Investment Advisory
Legal Foundations for Foreign Entrepreneurs & Investors in Kenya
At BMA Advocates, we provide end-to-end legal support for foreign nationals seeking to invest or establish a business in Kenya. Whether you’re launching a startup, expanding a multinational, or exploring real estate investment, we help you navigate the legal, regulatory, and compliance landscape with confidence.
Our Services Include:
Company Formation & Structuring
Advice on legal entity selection, registration, and compliance.
Business Licensing & Sector-Specific Approvals
Licensing for manufacturing, fintech, hospitality, and other regulated sectors.
Investment Structuring & Tax Advisory
Guidance on ownership rules, shareholder agreements, and tax-efficient structures.
Due Diligence & Risk Assessment
Legal audits on land, partners, acquisitions, and franchises.
Legal audits on land, partners, acquisitions, and franchises.
Class G permits and immigration support tied to business setup.
Why Work with BMA Advocates?
- Deep understanding of Kenya’s Companies Act, Investment Promotion Act, and sectoral regulations
- Support from company registration to post-establishment compliance
- Legal opinions on foreign investment controls and ownership rights
- Advisory for impact investors, donor-funded enterprises, and regional expansions
Frequently Asked Questions (FAQs)
Business Establishment & Investment Advisory – BMA Advocates
Below are common questions asked by international entrepreneurs and foreign investors seeking to establish a business presence in Kenya:
1. Can a foreigner own 100% of a business in Kenya?
Yes. Foreigners can fully own a business in most sectors, but some industries may require local shareholding. We ensure legal compliance.
2. What is the best legal structure for a foreign-owned business?
Options include Private Limited Company, Branch Office, or Public Company. We help choose and register the right structure.
3. What documents are required to register a company in Kenya?
Passport copies, business name, activity description, shareholding structure, and a registered Kenyan address. We handle the full process.
4. How long does it take to incorporate a business in Kenya?
Company incorporation typically takes 3–7 working days. Licensing may take longer depending on your sector.
5. Are there capital requirements for foreign investors?
No general requirement, but sectors like finance or immigration-linked permits (Class G) may require KES 10 million investment.
6. Do I need a Kenyan partner or director?
No, unless in a restricted sector. You will need a Kenyan resident for tax representation. We offer support here.
7. What licenses do I need to start operating?
Business Permit, KRA registration, and sector-specific licenses. We guide you through all required documentation.
8. Can I operate a business in Kenya while holding a tourist visa?
No. You must apply for a Class G work permit. We handle this alongside business setup.
9. Do I need to open a Kenyan bank account for the business?
Yes. We assist with bank selection, requirements, and account opening support.
10. What are the ongoing compliance requirements?
Annual tax returns, license renewals, and company filings. We offer retainer services to manage compliance.
11. Can I get tax incentives as a foreign investor?
Yes. Kenya offers tax incentives through KenInvest and Special Economic Zones. We advise on qualification and applications.
12. What due diligence should I do before buying land or investing in a local company?
We conduct land searches, legal checks, environmental audits, and shareholding reviews to protect your investment.
13. We conduct land searches, legal checks, environmental audits, and shareholding reviews to protect your investment.
Yes, but they must have valid work permits. We manage their immigration compliance.
14. What are the main risks for foreign investors in Kenya?
Risks include land fraud, non-compliance, and currency issues. We help you mitigate these from the start.
15. Why should I hire BMA Advocates instead of using a business registration agent?
We provide legal risk analysis, documentation integrity, and long-term compliance—not just registration services.
