REGISTRATION OF BUSINESS NAMES ACT

Registration of Business Names

CAP. 499

LAWS OF KENYA

CHAPTER 499

Revised Edition 2012 [1990]

Published by the National Council for Law Reporting

with the Authority of the Attorney-General

www.kenyalaw.org

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CHAPTER 499

REGISTRATION OF BUSINESS NAMES ACT

ARRANGEMENT OF SECTIONS

Section

1. Short title.

2. Interpretation.

3. Registrar, his deputy and assistants, and register.

4. Firms, individuals and corporations to be registered.

5. Registration by nominee, etc.

6. Manner and particulars of registration.

7. Statement to be signed by persons registering.

8. Time for registration.

9. Registration of changes.

10. Penalty for default in registration.

11. Disability of persons in default.

12. Penalty for false statements.

13. Particulars to be furnished to Registrar.

14. Certificate of registration.

15. Cancellation of entries in register.

16. Extension of time.

17. Restriction on registration of certain business names.

18. Prohibition notwithstanding registration.

19. Inspection of documents and provision of copies.

20. Certified copies to be evidence.

21. Branch offices.

22. Rules.

23. Publication of true names, etc.

24. Provisions with respect to offences.

25. Penalties for offences.

26. Trial of offences.

27. Application of Act.

28. Repeal and saving.

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CHAPTER 499

REGISTRATION OF BUSINESS NAMES ACT

[Date of assent:29th September, 1951.]

[Date of commencement: 29th September, 1951.]

An Act of Parliament to make provision for the registration of firms,

individuals and corporations carrying on business under a business

name, and for matters incidental thereto and connected therewith

[Act No. 48 of 1951, Act No. 40 of 1956, L.N. 300/1956, L.N. 173/1960, L.N. 2/1964,

Act No. 28 of 1964, L.N. 374/1964, Act No. 14 of 1965, Act No. 29 of 1967, Act No. 10 of 1969,

Act No. 11 of 1970, Act No. 7 of 1975, Act No. 10 of 1981, Act No. 6 of 2006.]

1. Short title

This Act may be cited as the Registration of Business Names Act.

2. Interpretation

(1) In this Act, unless the context otherwise requires—

“business” includes every trade, occupation or profession;

“business name” means the name or style under which any business is

carried on, whether in partnership or otherwise;

“firm” means an unincorporated body of two or more individuals, or of one or

more individuals and one or more corporations, or of two or more corporations,

who or which have entered into partnership with one another with a view to

carrying on business for profit;

“foreign concern” means any firm, individual or corporation whose

principal place of business is not situated within the Republic of Kenya;

“individual” means a natural person and does not include a corporation;

“initials” includes any recognized abbreviation of a forename;

“minor” means a person who has not yet attained the age of twenty-one

years;

“register” means the register which the Registrar is required under section

3 to keep;

“Registrar” means the Registrar appointed under section 3;

(2) Where any person is required by this Act to furnish particulars of his

nationality, he shall, if a British subject, also state his citizenship, if any.

(3) References in this Act to a change of name do not include a change of

name which has taken place before the person whose name has been changed

attained the age of two years.

[Act No. 28 of 1964, Act No. 14 of 1965, Act No. 7 of 1975, Sch.]

3. Registrar, his deputy and assistants, and register

(1) The Registrar-General or such other person as the Minister may appoint

shall be the Registrar for the purposes of this Act.

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(2) The Minister may appoint a Deputy Registrar and such Assistant Registrars

as may, from time to time, be required for the purposes of this Act.

(3) The Deputy Registrar and every Assistant Registrar may, subject to the

directions of the Registrar, perform any act or discharge any duty which the

Registrar may lawfully do or is required by this Act to do, and, for such purposes,

shall have all the powers, privileges and authority of the Registrar under this Act.

(4) The Registrar shall keep a register in the prescribed form in which shall be

entered such particulars as are required by this Act and any rules made thereunder

to be entered therein.

[Act No. 40 of 1956, s. 2.]

4. Firms, individuals and corporations to be registered

Subject to this Act—

(a) every firm having a place of business in Kenya and carrying on

business under a business name which does not consist of the

surnames of all individuals who are partners and the corporate names

of all corporations which are partners, without any addition other than

the forenames of individual partners or the initials of such forenames;

and

(b) every individual having a place of business in Kenya and carrying

on business under a business name which does not consist of his

surname without any addition other than his forenames or the initials

thereof; and

a member of which, has either before or after the commencement of

this Act changed his name, otherwise than, in the case of a woman,

in consequence of marriage; and

(d) every corporation having a place of business in Kenya and carrying

on business under a business name which does not consist of its

corporate name without any addition,

shall be registered in the manner required by this Act:

Provided that—

(i)

where two or more individual partners have the same surname, the

addition of an “s” at the end of that surname shall not of itself render

registration necessary;

(ii)

where the business is carried on by a trustee in bankruptcy or by a

receiver or manager appointed by the court, registration shall not be

necessary;

(iii)

a purchase or acquisition of property by two or more persons as joint

tenants or tenants in common shall not of itself be deemed to be a

carrying on of a business, whether or not the owner share any profits

arising from the sale thereof.

5. Registration by nominee, etc.

Where a firm, individual or corporation having a place of business within Kenya

carries on business wholly or mainly as the nominee or trustee of or for

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another person or other persons, or another corporation, or acts as general agent

for any foreign firm, the first-mentioned firm, individual or corporation shall be

registered in the manner provided by this Act:

Provided that where the business is carried on by a trustee in bankruptcy or

by a receiver or manager appointed by any court, registration under this section

shall not be necessary.

6. Manner and particulars of registration

(1) Subject to subsection (2) of section 17, every firm, individual or corporation

required under this Act to be registered shall send by registered post or deliver to

the Registrar a statement in writing in the prescribed form (hereinafter called the

statement of particulars) which shall contain the following particulars—

(a) the business name;

(b) the general nature of the business;

address of the firm, individual or corporation;

(d) the full address of every other place of business;

(e) where the registration to be effected is that of a firm, the present

forenames and surname, any former forenames or surname, the

nationality and, if that nationality is not the nationality of origin, the

nationality of origin, the age, the sex, the usual residence, and any

other business occupation of each of the individuals who are partners,

and the corporate name and registered and principal office of every

corporation which is a partner;

(f) where the registration to be effected is that of an individual,

the present forenames and surname, any former forenames and

surname, the nationality and, if that nationality is not the nationality of

origin, the nationality of origin, the age, the sex, the usual residence,

and any other business occupation of such individual;

(g) where the registration to be effected is that of a corporation, its

corporate name and registered and principal office;

(h) where the registration to be effected includes a married woman,

the forenames and surname of her husband in addition to her own

forename and surname;

(i) the date of the commencement of the business.

(2) Where a business is carried on under two or more business names, each

of those business names shall be stated.

(3) Any firm, individual, or corporation required to be registered under section 5

shall furnish the following particulars, in addition to (those specified in subsections

(1) and (2)—

(a) where the firm, individual or corporation required to be registered

carries on business as nominee or trustee, the present forenames and

surname, any former forenames or surname, the nationality and, if

that nationality is not the nationality of origin, the nationality of origin,

and the usual residence or, as the case may be, the corporate name,

of every person or corporation on whose behalf the business is carried

on;

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(b) where the firm, individual or corporation required to be registered

carries on business as general agent for any foreign concern, the

business name and address of the concern as agent for whom the

business is carried on:

Provided that if the business is carried on as agent for three or more foreign

concerns it shall be sufficient to state the fact that the business is so carried on,

specifying the countries in which such foreign concerns carry on business.

(4) On receipt of a statement of particulars, the Registrar shall, subject to

section 17, enter the firm, individual or corporation in the register.

[Act No. 7 of 1975, Sch.]

7. Statement to be signed by persons registering

(1) Every statement of particulars shall, in the case of an individual, be signed

by him, and in the case of a corporation be signed by a director or the secretary

thereof, and in the case of a firm by all the individuals who are partners, and by a

director or the secretary of all corporations which are partners:

Provided that in the case of a firm such statement of particulars may be signed

by one individual who is a partner or a director or the secretary of a corporation

which is a partner, if verified by a statutory declaration made by the signatory.

(2) No such statutory declaration stating that any person other than the

declarant is a partner, or omitting to state that any person other than the declarant

is a partner, shall be evidence for or against any such other person in respect of his

liability or non-liability as a partner, and the High Court may, on the application of

any person alleged or claiming to be a partner, direct the rectification of the register

and decide any question arising under this section.

8. Time for registration

(1) Every statement of particulars required to be furnished under this Act

shall be furnished within twenty-eight days after the firm, individual or corporation

commences business under or commences to use the business name, or, in the

case of a firm or individual carrying on business at the commencement of this Act,

within twenty-eight days of such commencement.

(2) When, in consequence of the death or retirement of one of the partners of a

firm or of any person having changed his name or of any other happening, any firm

or individual, not theretofore required to be registered under this Act, is required

thereafter to be registered, the statement of particulars shall be sent by registered

post or delivered to the Registrar within twenty-eight days after such happening.

9. Registration of changes

(1) Subject to subsection (2) of section 17, whenever a change is made

or occurs in any of the following particulars in respect of any firm, individual or

corporation, that is to say—

(a) the business name;

(b) the address of the principal or any other place of business;

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(d) the names of the partners,

such firm, individual or corporation shall, within twenty-eight days after such

change, send by registered post or deliver to the Registrar a notice in writing in the

prescribed form specifying the nature and date of the change, signed and where

necessary verified, in like manner as a statement of particulars:

Provided that the proviso to subsection (1) of section 7 shall not apply in the

case of a notice under this section relating to a firm.

(2) On receipt of such notice, the Registrar shall, subject to section 17, make

such entries, amendments or deletions in the register as he may deem appropriate.

[Act No. 11 of 1970, Sch., Act No. 10 of 1981, Sch.]

10. Penalty for default in registration

If any firm, individual or corporation by this Act required to furnish a statement

of particulars or a notice of any change in particulars without reasonable excuse

makes default in so doing in the manner and within the time specified by this Act,

every partner in the firm or the individual or corporation, as the case may be, so

in default shall be guilty of an offence, and upon conviction the court shall order a

statement of the required particulars or notice of the change in the particulars to

be furnished to the Registrar within such time as may be specified in the order.

11. Disability of persons in default

(1) Where any firm, individual or corporation required by this Act to furnish a

statement of particulars or a notice of any change in the particulars specified in

section 9 makes default in so doing, the rights of the defaulter under or arising out

of any contract made or entered into by or on behalf of such defaulter in relation

to the business in respect of the carrying on of which the statement of particulars

or any change in particulars as aforesaid was required to be furnished shall not be

enforceable by action or other legal proceedings whether in the business name or

otherwise while such default continues:

Provided that—

(i)

the defaulter may apply to the court for relief against the disability

by this section, and the court on being satisfied that the default was

accidental or due to inadvertence or to some other sufficient cause, or

that on other grounds it is just and equitable to grant relief, may grant

such relief, either generally or as respects any particular contract, on

such conditions, including the payment of the costs of the application

by the defaulter, as the court may impose; so, however, that no such

relief shall be given in respect of any contract if any party to the

contract proves to the satisfaction of the court that, if this Act had been

complied with, he would not have entered into the contract;

(ii)

nothing herein contained shall prejudice the rights of any other parties

as against the defaulter in respect of any such contract as aforesaid;

(iii)

if any action or proceeding is commenced by any other party to a

contract against the defaulter to enforce the rights of such party in

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(2) In this section, “the court” means the High Court:

Provided that, without prejudice to the power of the High Court to grant such

relief as aforesaid, if any proceeding to enforce any contract is commenced by

a defaulter in a subordinate court, the subordinate court may, as respects that

contract, grant such relief as aforesaid.

12. Penalty for false statements

If any statement, notice or application sent or delivered to the Registrar contains

any matter which is false in any material particular to the knowledge of any person

signing it, or which that person has no reason to believe is true, that person shall

be guilty of an offence and liable to imprisonment for a term not exceeding twelve

months or to a fine not exceeding two thousand shillings or to both.

13. Particulars to be furnished to Registrar

(1) The Registrar may require any individual or, in the case of a corporation,

any director or the secretary or other officer performing the duties of secretary to

furnish to him in writing such particulars as appear to the Registrar to be necessary

to ascertain whether or not such individual or any firm of which he is a partner

or appears to be a partner, or the corporation of which such person is a director

or the secretary or other officer as aforesaid, should be registered under this Act,

or whether any alteration in the registered particulars should be made, and may

require any such particulars to be verified by a statutory declaration:

Provided that, for the purposes of this section, the Registrar may require any

person who is acting or purporting to act or appears to be acting on behalf of any

such firm, individual or corporation as aforesaid whether under a power of attorney

or otherwise, to furnish such particulars as aforesaid.

(2) If any person upon being required so to do under subsection (1) fails to

supply such particulars as it is in his power to give, or furnishes particulars which

are false in any material particular or which he has no reason to believe are true,

he shall be guilty of an offence and liable to imprisonment for a term not exceeding

twelve months or to a fine not exceeding two thousand shillings or to both.

14. Certificate of registration

(1) On the registration of any firm, individual or corporation under this Act, the

Registrar shall issue a certificate in the prescribed form.

(2) On the registration of any change in the particulars registered in respect

of any firm, individual or corporation, the Registrar shall issue a fresh certificate in

the prescribed form.

(3) Every certificate issued under this section shall show the full names or name

of the partners or individual, and in the case of any person who has changed his

name his former name or names, and in the case of any person not

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of British nationality his nationality, and in the case of any individual whose

nationality is not his nationality of origin his nationality of origin, and in the case of

a minor the fact of minority shall be shown.

(4) A certificate issued under this section shall be sent by registered post or

delivered to the firm, individual or corporation registering, who shall thereupon

exhibit and thereafter maintain the same in a conspicuous position at the principal

place of the business so registered:

Provided that—

(i)

where a fresh certificate has been issued under subsection (2), the

provisions of this subsection shall apply to such fresh certificate only

and not to the certificate originally issued: and

(ii)

where any certificate has been lost or destroyed or rendered illegible,

a copy of such certificate certified by the Registrar may be exhibited

in place of the original.

(5) Where a firm, individual or corporation registered under this Act has more

than one place of business, the original certificate shall be exhibited and maintained

as required by subsection (4) at the principal place of business and a copy of the

certificate certified by the Registrar shall be exhibited and thereafter maintained in

a conspicuous position in each of such other places of business.

(6) If any firm, individual or corporation fails to comply with any of the provisions

of subsections (4) and (5), every partner in the firm, or such individual, or such

corporation, as the case may be, shall be guilty of an offence.

[Act No. 11 of 1970, Sch.]

15. Cancellation of entries in register

(1) If any firm, individual or corporation registered under this Act ceases to carry

on business, it shall be the duty of the persons who were partners in the firm at

the time when it ceased to carry on business, or of the individual or if he is dead of

his personal representative, or of the corporation, as the case may be, within three

months after the business has ceased to be carried on, to send by registered post

or deliver to the Registrar notice in the prescribed form that the firm or individual

or corporation has ceased to carry on business:

Provided that if the firm, individual or corporation is bankrupt or in liquidation

the notice aforesaid shall be delivered by the receiver, trustee or liquidator, as the

case may be.

(2) On receipt of such notice as aforesaid, the Registrar may cancel the entry

in the register relating to such firm, individual or corporation.

(3) Where the Registrar has reasonable cause to believe that any firm,

individual or corporation registered under this Act is not carrying on business, he

may send to the firm, individual or corporation by registered post a notice that

unless an answer is received to such notice within twelve weeks from the date

thereof the entry in the register relating to such firm, individual or corporation may

be cancelled.

(4) If the Registrar either receives an answer from the firm, individual or

corporation to the effect that the firm, individual or corporation is not carrying on

business or does not within twelve weeks after the date of the notice receive an

answer, he may cancel the entry in the register relating to such firm, individual or

corporation.

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(5) If, in the case of any firm, individual or corporation registered under

this Act, there occurs after the registration an event in consequence of which

the continuance of the business under the business name under which such

firm, individual or corporation has been carrying on business no longer entails

registration under this Act, the firm, individual or corporation so continuing the

business shall send by registered post or deliver to the Registrar notice of the

happening of such event, and the Registrar may, on being so notified or on being

notified under section 9 of the happening of such event, cancel the entry in the

(6) On cancelling any entry under this section, the Registrar may require

any certificate issued under this Act relating thereto to be surrendered to him for

cancellation:

Provided that the person surrendering such certificate may require it to be

returned to him after cancellation.

16. Extension of time

Any period prescribed under this Act for the lodging of any statement or notice

may be extended by the Registrar, on application being made in any particular

case whether before or after the expiration of such period, and on payment of the

prescribed fee, for such longer period as the Registrar may allow.

17. Restriction on registration of certain business names

(1) The Registrar shall refuse to register, or, in the case of an application

under section 9, to register a change of business name of, any firm, individual or

corporation carrying on, or proposing to carry on business under a business name

—

(a) which contains any word which, in the opinion of the Registrar, is

likely to mislead the public as to the nationality, race or religion of

the persons by whom the business is wholly or mainly owned or

controlled;

(b) which includes any of the words “Presidential”, “Government”,

“Municipal” or any other word which imports or suggests that the

business enjoys the patronage of the President or imports any

connection with the Government or with any municipality or other local

authority;

language or any abbreviation thereof;

(cc) which includes the words “Old Law Courts Mombasa” “National

Monument” “Lamu Fort” “Nairobi Botanical Gardens” “Nairobi Snake

Park” “National Museum” “Fort Jesus”, or “Karen Blixen”;

(d) which is identical with or is similar to that of a business or corporation

existing, or is already registered under this Act or under the

Companies Act, Cap. 486, if in the opinion of the Registrar such

registration would be likely to mislead the public;

(e) which in the opinion of the Registrar is undesirable.

(2) Not less than seven days before commencing business under, or

commencing to use, a business name, every firm, individual or corporation which

after such commencement would be required under this Act to be registered

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shall, before posting or delivering to the Registrar the statement of particulars as

required by section 6, or, in the case of a proposed change of business name,

the notice of change required by section 9, send by registered post or deliver to

the Registrar the prescribed fee together with a written request to be informed

whether or not the business name to be proposed for registration as required by

either of those sections may be registered; and the Registrar shall, within seven

days of receipt of the prescribed fee, send by post or deliver to the address of such

firm, individual or corporation a notification in writing stating whether or not such

business name may be registered.

(3) Where the Registrar has stated that any business name or change of

business name may be registered, the firm, individual or corporation which made

the request shall be entitled to registration in that business name at any time within

twenty-eight days of the date of the decision of the Registrar, and during that time no

other firm, person or corporation shall be entitled to registration in, or of registration

of change to that business name.

(4) If, after the commencement of this Act—

(a) any firm, individual or corporation is, through inadvertence or

otherwise, registered under a business name under which registration

under this Act ought to have been refused; or

(b) any change of ownership of a business occurs as a result of which a

firm, individual or corporation is carrying on business under a business

name which, on an application for registration under this Act, ought

to have been refused,

the Registrar shall, by notice in writing, require such firm, individual or corporation

to change such business name within such time as may he specified in such notice,

and upon compliance with such notice the Registrar shall record such change

without requiring the payment of any fee; and if default is made in complying with

his requirements the Registrar may cancel the entry in the register relating to such

firm, individual or corporation:

Provided that, where the Registrar is satisfied that, having regard to the nature of

any business and the nationality, race or religion of the persons employed therein,

the retention of the business name would not be contrary to the public interest, he

may in his absolute discretion permit the retention of such name subject to such

conditions as he may think fit.

(5) Where registration of a business name or change of business name is

refused under subsection (1), any person carrying on business under that name in

circumstances which require registration under this Act shall be guilty of an offence.

(6) Any person aggrieved by a decision of the Registrar under this section may

appeal to the High Court, whose decision shall be final.

[Act No. 29 of 1967, First Sch., Act No. 10 of 1969, Sch., Act No.

7 of 1975, Sch., Act No. 10 of 1981, Sch., Act No. 6 of 2006, s. 75.]

18. Prohibition notwithstanding registration

The registration of a firm, individual or corporation under this Act shall not be

construed as authorizing the use of a business name, if apart from such registration

the use thereof could be prohibited.

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19. Inspection of documents and provision of copies

Any person may, upon payment of the prescribed fee—

(a) inspect the register or any documents filed with the Registrar;

(b) require to be supplied with a certificate, duly certified by the Registrar,

showing the subsisting entries in the register relating to any firm,

individual or corporation registered under this Act; or

filed with the Registrar duly certified by the Registrar to be a true copy

or extract, as the case may be.

20. Certified copies to be evidence

(1) A copy of, or extract from, any document kept, filed or registered at the office

of the Registrar, and purporting to be certified under the hand of the Registrar to

be true copy or extract, shall in all legal proceedings be admissible as prima facie

evidence of the contents of the document.

(2) The Registrar shall not, in any legal proceedings to which he is not a party,

be compellable—

(a) to produce any document the contents of which can be proved under

subsection (1); or

(b) to appear as a witness to prove the matters recorded in any such

document, unless the court for special cause otherwise orders.

[Act No. 29 of 1967, First Sch.]

21. Branch offices

(1) The principal office of the Registrar shall be in Nairobi, but the Registrar may

maintain other offices in such places as he may, with the approval of the Minister,

determine, and may keep copies of the register in such offices.

(2) Any person may inspect any such copy of the register on payment of the

prescribed fee.

(3) No such copy of the register, nor any extract there from, shall be received

in evidence in any legal proceedings.

(4) Statements, notices, applications and other documents shall be sent or

delivered to the Registrar at his principal office, and shall not be sent or delivered

to any other office maintained under this section.

22. Rules

The Minister may make rules generally for better carrying out the provisions and

purposes of this Act, and in particular may make rules for prescribing—

(a) the fees to be paid to the Registrar under this Act;

(b) anything required to be prescribed under this Act;

[L.N. 300/1956, L.N.173/1960.]

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23. Publication of true names, etc.

(1) Every firm, individual or corporation required by this Act to be registered

shall, in all trade circulars and business letters on or in which the business name

appears and which are issued or sent by the firm, individual or corporation to any

person, have mentioned in prominent, legible Roman letters—

(a) in the case of an individual, his present forenames or the initials

thereof and present surname, any former forenames or surname, his

nationality if not Kenyan, and if his nationality is not the nationality of

origin then his nationality of origin, and

(b) in the case of a firm, the present forenames or the initials thereof

and present surnames, any former forenames and surnames, and the

nationality if not Kenyan, and if the nationality is not the nationality

of origin then the nationality of origin, of all the individuals and the

corporate names of all corporations that are partners in the firm; and

(2) Where any individual referred to in subsection (1) is a married woman, the

words “wife of” followed by the forenames and surname of her husband shall be

mentioned after and in addition to her own name.

(3) Where any individual referred to in subsection (1) is a minor, the words

“minor” shall be added in brackets after his name.

(4) If any firm, individual or corporation fails to comply with the provisions of

this section, every partner in the firm, or such individual, or such corporation, as

the case may be, shall be guilty of an offence.

[Act No. 40 of 1956, s. 3, Act No. 11 of 1970, Sch.]

24. Provision with respect to offences

(1) Where a corporation is guilty of an offence under this Act or any rules made

thereunder, every director, secretary and officer of the corporation who is knowingly

a party to the default shall be guilty of a like offence and liable to a like penalty.

(2) Where any firm or individual has committed any offence under this Act

or any rules made thereunder, then, without prejudice to the liability of such firm

or individual for such offence, every manager or other person concerned in the

management of the business of such firm or individual shall, unless he proves that

the offence was committed without his knowledge or consent, also be liable to be

prosecuted, tried, convicted and punished for that offence.

25. Penalties for offences

Any person who is guilty of an offence under this Act for which no other penalty

is specifically provided shall be liable to a fine not exceeding one thousand shillings

and in default of payment to imprisonment for a term not exceeding three months.

26. Trial of offences

Any offence under this Act or any rules made thereunder may be tried by a

subordinate court of the first or second class.

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27. Application of Act

This Act shall apply to every firm, individual or corporation registered under any

former enactment relating to business names.

28. Repeal and saving

(1) The Business Names Registration Act (Cap. 289) is repealed.

(2) Nothwithstanding the repeal of the Business Names Registration Act (Cap.

289)—

(a) any person appointed to any office under or by virtue of the said Act

shall be deemed to have been appointed to that office under and by

virtue of this Act; and

(b) any register kept under the said Act shall be deemed to form part of

the register to be kept under this Act.

[Rev. 2012]

Registration of Business Names

CAP. 499

R7 - 16

[Issue 1]