Foreign Companies – Questions and Answers

FOREIGN COMPANIES

QUESTION 1
April 2024 Question Five B
With regard to financial reporting and disclosures, summarise FIVE legal obligations of foreign companies in your country. (5 marks)

QUESTION 2
December 2023 Question Five C
Examine THREE legal consequences that may befall a foreign company operating in your country, if it fails to comply with the legal requirements as provided for in the Companies Act. (6 marks)

QUESTION 3
August 2023 Question Five B
Describe THREE reporting requirements for foreign companies operating in Kenya.
(6 marks)
QUESTION 4
April 2023 Question Six C
In the context of foreign companies:
(i) Highlight FOUR particulars contained in a certificate of registration of a foreign company. (4 marks)
(ii) Discuss the options available to a foreign company to establish presence in Kenya.
(6 marks)
QUESTION 5
December 2022 Question Four C
Highlight FIVE types of returns that must be delivered to the Registrar of Companies by a foreign company. (5 marks)

QUESTION 6
December 2021 Question Five A
With reference to registered foreign companies in your country.
(i) Explain the obligations of a foreign company. (4 marks)
(ii) Describe the liability of a local representative. (2 marks)
(iii) Identify four changes in information or documentation that a foreign company must notify the registrar within a period of one-month time of their occurrence. (4 marks)

QUESTION 7
September 2021 Question Six A
With regard to companies incorporated outside the country:
(i) Outline three offences which might be committed by a foreign company. (3 marks)
(ii) State three provisions that might be contained in the foreign companies regulations governing the registration of specified charges over a property in your country which belongs to a foreign registered company. (3 marks)

QUESTION 8
May 2021 Question Three C
With respect to companies incorporated outside Kenya or your country, explain five documents which are necessary to accompany the application for registration in Kenya or your country. (10 marks)

QUESTION 9
November 2020 Question four B
XYM Ltd. is a company registered in South Africa. The company intends to register a branch in your country as a foreign company.
With reference to the above statement:
(i) Summarise the procedure for registration of foreign companies in your country.
(7 marks)
(ii) Explain the manner in which a foreign company might own land in your country.
(3 marks)
QUESTION 10
November 2019 Question six B
With specific reference to foreign companies:
(i) Outline four changes that a foreign company must give notice of (4 marks)
(ii) The foreign companies’ regulations may provide for the registration of specified charges over property. Summarise three provisions that might be contained in the above regulations. (6 marks)

QUESTION 11
May 2019 Question three A
(i) Highlight four documents which are required to accompany the application for registration of a foreign company. (4 marks)
(ii) With reference to foreign companies, explain three changes that require a 30 days notice before effecting. (6 marks)

QUESTION 12
November 2018 Question four B
Describe the manner of service of summons and notices upon foreign companies.
(6 marks)
QUESTION 13
May 2018 Question three B
Summarise eight offences that could be committed by foreign companies and their officers. (8 marks)

QUESTION 14
May 2018 Question three C
Highlight two types of foreign companies that might be required to deliver the profit and loss account and balancesheet to the registrar of companies in your country. (4 marks)

QUESTION 15
November 2017 Question four C
Explain three matters that a foreign company’s certificate of registration must comply with. (6 marks)

QUESTION 16
November 2017 Question four D
Outline two liabilities of a local representative appointed by a foreign company.
(4 marks)
QUESTION 17
May 2017 Question five B
(i) Identify four documents required to accompany the application for registration of a foreign company in your country. (4 marks)
(ii) Explain three requirements governing the name of a foreign company. (6 marks)

QUESTION 18
May 2016 Question five A
Basil Peters, a Canadian National intends to register a branch office in Nairobi. The head office will be based in Canada. The company once established will carry out Biometric research and does not intend to declare profits. All proceeds of trading will be used for further research. The company is proposed to be a small scale company with about ten specialist researchers. The company once registered, hopes to raise shillings sixty million over a two year period from a selected group of investors to meet the company’s research needs.

Advise Basil Peters on the following:
(i) The type of company that would be suitable to set up and why. (4 marks)
(ii) The documents required to accompany the application for registering the foreign company. (8 marks)

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