Legalization of a business document in Kenya

Legalization of a business document in Kenya

Legalization of business documents is the process by which a document is certified for use in a foreign country. In Kenya, it involves verifying the authenticity of a business document so that it is recognized by a foreign government, institution, or regulatory body.

Legalization confirms:

• The signature on the document is genuine

• The person signing has the authority

• The seal or stamp on the document is valid

When Is Legalization Required?

Legalization is required when Kenyan business documents are to be used in countries that are not members of the Hague Apostille Convention. These countries require a full diplomatic chain of authentication.

Common instances include:

• Registering a company or branch abroad

• Applying for trade or investment licenses overseas

• Participating in international procurement processes

• Opening bank accounts in foreign jurisdictions

• Authenticating Powers of Attorney, resolutions, or contracts for cross-border transactions

Common Business Documents That Need Legalization

Documents commonly legalized include:

• Certificate of Incorporation

• CR12 or list of directors/shareholders

• Company resolutions

• Memorandum and Articles of Association

• Board minutes

• Business licenses

• Tax compliance certificates

• Power of Attorney

• Audited financial statements

• Contracts or agreements

The Legalization Process in Kenya

Step 1: Notarization by a Notary Public

The document must first be notarized by a registered Notary Public in Kenya. This confirms the authenticity of the signature or content.

Step 2: Authentication by the Ministry of Foreign and Diaspora Affairs

The notarized document is then taken to the Ministry of Foreign and Diaspora Affairs for authentication. The Ministry certifies that the notary public is duly registered and that the seal is valid.

Step 3: Legalization by the Embassy or Consulate of the Foreign Country

The final step is submitting the authenticated document to the embassy or consulate of the receiving country in Kenya. The consular officer will affix the necessary legalization stamp or certificate, confirming the document is valid for use in their country.

Countries That Require Legalization (Non-Apostille Countries)

Examples of countries that require full legalization of documents (not apostille) include:

• United Arab Emirates (UAE)

• China

• Saudi Arabia

• Egypt

• Nigeria (in some cases)

Each embassy may have its requirements, fees, and processing times.

Important Considerations

• Translations: If the destination country does not use English, an official translation may be required.

• Document must be recent: Some jurisdictions require recently issued or dated documents (e.g., CR12 not older than 3 months).

• Fees: Each step may have a different fee. Embassies charge per document.