May 26, 2021
Tax implication for not for profit organizations in Kenya

Tax Implications for Not-for-Profit Organizations in Kenya

Kenya exempts from corporate income tax, the income of certain Not-for-Profit Organizations that carry out specific types of activities. Unrelated business income is subject to tax under certain circumstances. Kenya also subjects certain sales of goods and services to VAT, with a fairly broad range of exempt activities. The tax laws confer only limited tax benefits on corporate donors and […]
May 26, 2021
Registration of not-for-profit organizations in Kenya

Registration of Not-for-Profit Organizations in Kenya

Registration of Not-for-Profit Organizations in Kenya is not mandatory to be done under the Public Benefits Organizations (PBO) Act. A not-for-profit organization is a broad term for all independent organizations whose purpose is something else other than to make a private profit for directors, members, or shareholders. There are various types of not-for-profit organizations, these include but not limited to […]
May 26, 2021
Company limited by guarantee

A Company Limited by Guarantee

A company limited by guarantee under the Kenyan Companies Act [2015] must be incorporated without share capital; the liability of its members must be limited by the company’s articles to a specific amount (usually a nominal amount) that the members undertake to contribute to the assets of the company in the event of liquidation; its certificate of incorporation must state […]
May 26, 2021
Registration of a trust for NGOs

Registration of a Trust for Not-for-Profit in Kenya

The process of registration of an incorporated trust involves the trustees entering into a trust deed which is presented to the Cabinet Secretary together with the prescribed forms for registration and can take between twelve to thirty-six months.  Registration may involve either under the Registration of Documents Act which does not make a trust into a body corporate. However, the […]
May 26, 2021
Non governmental organization image

Non-Governmental Organization/Public Benefit Organization

A Non-Governmental Organization (NGO) is a private voluntary grouping of individuals, not operated for profit or for other commercial purposes, but which have organized themselves nationally or internationally for the benefit of the public at large and for the promotion of social welfare, development charity or research in the areas inclusive of, but not restricted to, health, relief, agriculture, education, […]
May 25, 2021
start-ups requirements and challenges

Start-ups Requirements and Challenges

When building a business, start-ups have a myriad of challenges and obstacles that they face such as: Financial Issues-Entrepreneurs face the financial challenges resulting in fewer funding opportunities. In overcoming this, one need to have a fantastic sales pitch and a solid business plan to improve chances of attracting the financing needed to open or expand a business. Social Rejection-Family […]
May 25, 2021
Registration of a branch of a foreign company

Registration of a branch of a Foreign Company in Kenya

Registering a branch of a foreign company in Kenya does not create a separate legal entity from the foreign company. Registration is a requirement for all companies incorporated outside Kenya that intend to operate in Kenya as foreign companies. Branches must have a local representative resident in Kenya, who may be a citizen or a non-citizen. The local representative is […]
May 24, 2021
Sectional Properties Act - Silvana & Associates

The Sectional Properties Act 2020

On 28 December 2020, the Sectional Properties Act, 1987 (the Repealed Act) was repealed and replaced with the Sectional Properties Act, 2020 (the New Act) which now aligns with the Constitution, 2010 and the 2012 Land Laws. It is an improvement from the 1987 Act. The Act applies in respect to land held on a freehold title or on a […]