A Kenyan company can own an Indian private limited company under the automatic route in most sectors. The board resolution, certificate of incorporation and CR12 from the Business Registration Service are notarised in Kenya, authenticated by the foreign ministry and attested by the Indian High Commission in Nairobi. We then incorporate the Indian company, obtain PAN and TAN and help open a bank account, usually in three to five weeks.
- Document route
- Kenyan notary, foreign ministry authentication, then Indian High Commission attestation
- Time difference
- IST is 2h30 ahead of Kenya all year (no daylight saving)
- Law
- Companies Act 2013, FEMA 1999, NDI Rules 2019
- Minimum
- 2 directors, 2 shareholders
Company Setup for Foreigners from Kenya: how it works
We check the sector against India's FDI policy, then draft the board resolution of the Kenyan company authorising the investment, the nomination of directors and the signing of incorporation documents. The resolution is certified by the company secretary and signed before a Kenyan notary, then authenticated and attested. The CR12 is particularly useful, because Indian authorities need to see who owns and controls the Kenyan parent for beneficial ownership disclosures.
On incorporation, the Kenyan parent remits the share capital through banking channels, and the Indian company allots shares within sixty days and reports to the RBI on Form FC-GPR. Ongoing obligations include annual returns, audit, GST registration if it supplies goods or services, transfer pricing documentation and the annual return on foreign liabilities and assets. A resident director who has stayed in India 182 days in the financial year is mandatory.
What clients in Kenya should know
- The India and Kenya tax treaty can reduce withholding on dividends paid by the Indian subsidiary, provided the parent has a KRA certificate of residence and genuine substance in Kenya.
- Attestation through Nairobi adds one to three weeks compared with an apostille, so plan the timeline accordingly.
- If any shareholder of the Kenyan parent is a citizen of a country sharing a land border with India, Press Note 3 may require prior government approval.
Step by step from Kenya
Video consultation
A call at a time that suits Kenya, after we have read your documents.
Documents signed in Kenya
Kenyan notary, foreign ministry authentication, then Indian High Commission attestation
Work in India
Our team files, appears and follows up in India, and shares scans of everything filed.
Result and handover
Certified copies and originals are couriered to you in Kenya where needed.
The full guide
This page covers what changes when you are in Kenya. For the law, the documents and the step-by-step procedure, read our main page on Company Setup for Foreigners, or see all services for clients in Kenya and the Doing Business in India practice area.
Questions from clients in Kenya
Can Kenyan citizens be directors of the Indian company?
Yes. Foreign directors need a digital signature certificate and director identification number, using attested passports and address proof.
Why is the CR12 needed?
It shows the current directors and shareholders of the Kenyan company, which supports beneficial ownership checks in India.
Can we open a liaison office instead?
Yes, with approval through an authorised dealer bank, but a liaison office cannot earn revenue. A subsidiary is more flexible for trading.