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HOW TO REGISTER A MEDIA COMPANY

Table of Contents

  1. Introduction

  2. Registration Requirements 2.1. Name Reservation 2.2. Articles of Association 2.3. Memorandum of Association 2.4. Certificate of Incorporation 2.5. Business Permit 2.6. Media Council of Kenya Registration

  3. Conclusion

Introduction

This response will provide a comprehensive guide on how to register a media company in Kenya, drawing upon relevant legal provisions and regulations. The process involves several steps, including name reservation, drafting legal documents, obtaining necessary permits, and registering with the Media Council of Kenya.

Registration Requirements

2.1. Name Reservation

The first step in registering a media company is to reserve a unique name. This is done through the Registrar of Companies, who maintains a database of registered business names.

  • The Companies Act, 2015 outlines the process for name reservation.

  • Section 11 of the Act states that a company's name must be distinctive and not similar to an existing registered name.

  • Section 12 outlines the procedure for applying for name reservation, which involves submitting an application form and paying the prescribed fee.

  • The Registrar will then review the application and approve or reject it based on the criteria outlined in the Act.

2.2. Articles of Association

The Articles of Association are a document that outlines the internal rules and regulations of the company. They govern the relationship between the company and its shareholders, directors, and officers.

  • The Companies Act, 2015 requires all companies to have Articles of Association.

  • Section 21 of the Act outlines the minimum requirements for the Articles of Association, including provisions on the company's share capital, directors' powers, and shareholder meetings.

  • The Articles of Association should be drafted carefully to reflect the specific needs and objectives of the media company.

2.3. Memorandum of Association

The Memorandum of Association is a document that defines the company's purpose and scope of operations. It outlines the company's objectives, powers, and limitations.

  • The Companies Act, 2015 requires all companies to have a Memorandum of Association.

  • Section 19 of the Act outlines the minimum requirements for the Memorandum of Association, including the company's name, registered office address, and objects clause.

  • The Memorandum of Association should be drafted carefully to ensure that the company's activities are within the scope of its legal authority.

2.4. Certificate of Incorporation

Once the Articles of Association and Memorandum of Association are drafted and submitted to the Registrar of Companies, the company will receive a Certificate of Incorporation. This certificate confirms that the company has been legally registered and is authorized to operate.

  • The Companies Act, 2015 outlines the process for obtaining a Certificate of Incorporation.

  • Section 25 of the Act states that the Registrar will issue a Certificate of Incorporation once the company has met all the legal requirements.

2.5. Business Permit

After obtaining the Certificate of Incorporation, the media company must apply for a business permit from the relevant local authority.

  • The County Governments Act, 2012 outlines the process for obtaining a business permit.

  • Section 145 of the Act states that all businesses operating within a county must obtain a business permit from the county government.

  • The application process involves submitting the necessary documents, including the Certificate of Incorporation, and paying the prescribed fee.

2.6. Media Council of Kenya Registration

In addition to the general business registration requirements, media companies in Kenya must also register with the Media Council of Kenya (MCK).

  • The Media Council Act, 2013 establishes the MCK as the regulatory body for the media industry in Kenya.

  • Section 10 of the Act requires all media houses to register with the MCK.

  • The registration process involves submitting an application form, paying the prescribed fee, and meeting the MCK's ethical and professional standards.

Conclusion

Registering a media company in Kenya involves a multi-step process that requires compliance with various legal provisions and regulations. By following the steps outlined above, including name reservation, drafting legal documents, obtaining necessary permits, and registering with the Media Council of Kenya, aspiring media entrepreneurs can establish a legally compliant and operational media company in Kenya.

Answered by mwakili.com