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HOW TO REGISTER A MEDIA COMPANY

Introduction

Registering a media company in Kenya involves navigating through various legal requirements and procedures set forth by the Kenyan government. This process ensures that your media company operates legally and adheres to the standards and regulations established by the relevant authorities. This guide will provide a comprehensive overview of the steps involved in registering a media company in Kenya, including the necessary documentation, legal requirements, and relevant case laws.

Table of Contents

  1. Choosing a Business Structure

  2. Name Search and Reservation

  3. Preparing the Memorandum and Articles of Association

  4. Registration with the Registrar of Companies

  5. Obtaining a KRA PIN

  6. Media Council of Kenya Accreditation

  7. Business Permits and Licenses

  8. Compliance with Other Regulatory Bodies

  9. Relevant Case Laws

  10. Conclusion

  11. TLDR

1. Choosing a Business Structure

The first step in registering a media company in Kenya is to decide on the business structure. The most common structures include:

  • Sole Proprietorship: Owned and run by one individual, with no distinction between the owner and the business.

  • Partnership: Owned by two or more individuals who share profits and liabilities.

  • Limited Liability Company (LLC): A separate legal entity from its owners, providing limited liability protection.

  • Public Limited Company (PLC): A company whose shares are publicly traded on a stock exchange.

Each structure has its advantages and disadvantages, and the choice will depend on factors such as the size of the business, the level of liability protection required, and the ability to raise capital.

2. Name Search and Reservation

Once you have chosen a business structure, the next step is to select a unique name for your media company. This involves conducting a name search at the Registrar of Companies to ensure that the name is not already in use. The process includes:

  • Conducting a Name Search: This can be done online through the eCitizen portal. You will need to create an account and log in to access the name search service.

  • Reserving the Name: If the name is available, you can reserve it for a period of 30 days. This reservation can be extended if necessary.

Source: Business Registration Service

3. Preparing the Memorandum and Articles of Association

The Memorandum and Articles of Association are essential documents that outline the objectives, rules, and regulations governing the company. These documents must be prepared and submitted to the Registrar of Companies. They include:

  • Memorandum of Association: This document outlines the company's objectives, the amount of share capital, and the division of shares among the shareholders.

  • Articles of Association: This document details the internal management of the company, including the rights and responsibilities of the directors and shareholders.

Source: Find Advocates in Kenya

4. Registration with the Registrar of Companies

After preparing the necessary documents, you need to register your media company with the Registrar of Companies. The steps involved include:

  • Filling out the Registration Forms: These forms can be obtained from the Registrar of Companies or downloaded from the eCitizen portal.

  • Submitting the Documents: Submit the completed forms, along with the Memorandum and Articles of Association, to the Registrar of Companies.

  • Paying the Registration Fees: The fees vary depending on the type of company and the amount of share capital.

Once the registration is complete, you will receive a Certificate of Incorporation, which serves as proof that your company is legally registered.

Source: WikiHow

5. Obtaining a KRA PIN

A Kenya Revenue Authority (KRA) Personal Identification Number (PIN) is required for tax purposes. To obtain a KRA PIN:

  • Register Online: Visit the KRA iTax portal and create an account.

  • Fill in the Required Information: Provide details such as your company name, registration number, and contact information.

  • Submit the Application: Once the application is submitted, you will receive your KRA PIN, which is necessary for tax compliance.

Source: Media Council of Kenya

6. Media Council of Kenya Accreditation

For a media company to operate legally in Kenya, it must be accredited by the Media Council of Kenya. The accreditation process involves:

  • Filling out the Accreditation Form: This form can be obtained from the Media Council of Kenya's website.

  • Submitting the Required Documents: These include a copy of the Certificate of Incorporation, KRA PIN, and a list of journalists working in the organization.

  • Paying the Accreditation Fees: The fees vary depending on the type of media house and the number of journalists.

Source: Media Council of Kenya

7. Business Permits and Licenses

In addition to the above steps, you will need to obtain various permits and licenses to operate your media company legally. These include:

  • County Business Permit: This permit is issued by the county government where your business is located. The fees vary from county to county.

  • Broadcasting License: If your media company involves broadcasting, you will need a license from the Communications Authority of Kenya.

  • Copyright License: If your media company involves the creation and distribution of content, you will need a copyright license from the Kenya Copyright Board.

Source: Tuko News

8. Compliance with Other Regulatory Bodies

Depending on the nature of your media company, you may need to comply with additional regulatory bodies, such as:

  • Kenya Film Classification Board (KFCB): If your media company involves film production or distribution, you will need to comply with KFCB regulations.

  • National Environment Management Authority (NEMA): If your media company involves activities that impact the environment, you will need to comply with NEMA regulations.

Source: Kenya Law Reports

9. Relevant Case Laws

9.1. Salomon v. Salomon & Co. Ltd [1897] AC 22

Relevance: This landmark case established the principle of corporate personality, which means that a company is a separate legal entity from its shareholders. This principle is crucial for media companies as it provides limited liability protection to the owners.

Parties: Aron Salomon and Salomon & Co. Ltd.

Outcome: The House of Lords held that Salomon & Co. Ltd. was a separate legal entity from Aron Salomon, and therefore, he was not personally liable for the company's debts.

Source: Kenya Law Reports

9.2. James Okoth Omburah t/a Okoth Omburah & Company Advocates v. C A M v. Royal Media Services Limited [2013] eKLR

Relevance: This case highlights the importance of media independence and the principles for determining defamation suits. It is relevant for media companies to understand the legal boundaries of their operations.

Parties: James Okoth Omburah and Royal Media Services Limited.

Outcome: The court outlined the principles for determining whether to disturb an award by a trial court and how to determine appropriate damages in defamation cases.

Source: Kenya Law Reports

Conclusion

Registering a media company in Kenya involves several steps, including choosing a business structure, conducting a name search, preparing the necessary documents, and obtaining various permits and licenses. Compliance with the relevant regulatory bodies and understanding the legal principles governing media operations are crucial for the successful establishment and operation of your media company.

TLDR

To register a media company in Kenya, choose a business structure, conduct a name search, prepare the Memorandum and Articles of Association, register with the Registrar of Companies, obtain a KRA PIN, get accredited by the Media Council of Kenya, and obtain the necessary business permits and licenses.

Sources:

Answered by mwakili.com