In Kenya, KYC requirements for property transactions involving a company are governed by regulations from institutions like the Law Society of Kenya (LSK), the Registrar of Companies, and the Ministry of Lands. Banks and advocates (lawyers) handling conveyancing will also enforce these KYC rules.
KYC Documents Required for a Company Purchasing Property in Kenya
1. Certificate of Incorporation
- Issued by the Kenya Registrar of Companies.
- Proves the legal existence of the company.
2. Company PIN Certificate (KRA)
- Issued by the Kenya Revenue Authority.
- Required for stamp duty and registration.
3. Tax Compliance Certificate (optional but recommended)
- Confirms the company is compliant with tax obligations.
4. CR12 Form (Company Registry)
- Official document listing directors and shareholders.
- Must be recent (not older than 3 months).
5. Board Resolution
- Authorizing the purchase of the specific property.
- Appoints a signatory to act on the company's behalf.
6. National ID or Passport of Directors and Authorized Signatory
- To verify the identity of those acting for the company.
7. PIN Certificates of Directors and Authorized Signatory
- Required for tax compliance checks and transactions.
8. Passport-Size Photos of Directors and Authorized Signatory
- Used for identification and registration files.
9. Company Address and Physical Location
- Utility bill, lease agreement, or business permit may be requested.
10. Company’s Constitutional Documents (Memorandum & Articles of Association or Statement of Particulars)
- Required to verify company structure and powers.
Additional Documents (Context-Specific)
- Letter of Offer / Sale Agreement – Often required early in the process.
- Land Control Board Consent – If agricultural land is involved.
- Power of Attorney – If someone other than a director is acting on behalf of the company.
- Loan Documentation – If the purchase is financed.
Other Notes
- Ensure that the authorized signatory appears in the CR12 or is granted authority by a board resolution.
- The advocate handling the transaction will conduct due diligence using these documents.
- The documents will also be needed during the land transfer process at the Ministry of Lands and for payment of stamp duty through iTax.
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