Business Name Search and Reservation

When starting a business or company in Kenya, a crucial step is the name search and reservation process. This process ensures that your chosen business name is unique and compliant with government regulations. It's vital to diligently follow this process to operate your business under a legally recognized and unique identity in Kenya.

Apr 11, 2024 - 16:53
Jun 1, 2024 - 00:40
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1. The Process of Reserving a Business Name in Kenya

The Business Registration Services (BRS) streamlines business registration by combining name reservation and application into one step. Prior to registration, verify name compliance through a search process.

  • Propose 3-5 unique names.
  • Conduct a search, and
  • Reserve your top choice for 30 days until completion of the registration process.

2. Step-by-Step Guide to Conducting a Name Search in Kenya

  1. Register online with the e-Citizen portal : The Business Registration Services (BRS) simplifies registration by combining name reservation and company registration into a single process. Complete the company registration on the official eCitizen portal.
  2. Access Business Registration Services : Navigate to the Business Registration Services (BRS) for a streamlined and efficient search of business or company registration registries.
  3. Company Registry Services : Proceed to apply for the type of business entity you wish to register.
  4. Conduct the Name Search : To name your company, suggest 3 to 5 unique names in order of preference and priority to verify the availability of your preferred name.
  5. Complete the Registration Forms : After submitting the proposed name search in order of priority, you can now fill out the one-step form with business information. Then, submit it along with the necessary documents for official registration.
  6. Wait for Approval : After submitting the proposed name and business/company application information, wait for the name's approval. The confirmation typically takes 3-5 days.

NOTE : Names should be provided in order of PRIORITY and the first three are mandatory. The first available name will automatically be assigned to the business/company.

3. Legal Considerations and Compliance When Naming and Reserving a Business Name in Kenya

When naming and reserving a business name in Kenya, it is important to adhere to the Registration of Business Names Act Cap 499 and the Companies Act No. 17 of 2015.

Key factors when selecting a business name include:

1. Limited Corporations Legal Elements

  • The name of a private limited company must end with "Limited" or "Ltd".
  • The name of a public limited company, incorporated under the 2015 Act, must conclude with "PLC" or "Public Limited Company".
  • A name with the word Groups, Projects, and Holdings must be registered as limited.
  • A name with “Universities” must also be limited.

2. Prohibited Terms

  • Offensive or abusive words are prohibited, including those in one's mother tongue.
  • Names containing the words “co-operative”, “society”, or “trade union” are not allowed.
  • The name should not start with the words “Kenya” or "Government" as the same is reserved for government owned entities.
  • Names containing "Church", "Ministry" or "Ministries", "Welfare", "Organization", "Relief", and "Association " are not permitted.
  • Political names are not accepted
  • Single words are not accepted.

3. Distinctiveness of Names

  • The name should not be identical to an already reserved name or to the name of an already registered company, business name, LLP, or partnership.
  • If the existing company, business, LLP, or partnership is part of or affiliated with the same group, it can consent in writing to the use of the proposed name.
  • The name should not be the same as or similar to that of a registered trademark. (it may therefore be important to also conduct a search at the trademarks registry).

4. Not-for-profit Corporations.

A  name with the word "Foundation" can only be registered as a Company Limited by Guarantee (CLG).

5. Annotation, Symbols and Numbers.

  • Numbers may be used in any part of a name.
  •  A full stop, comma, colon, semi-colon or hyphen may be used.
  •  The following punctuation marks may be used: an apostrophe (‘), brackets/parenthesis (), exclamation mark (!), Guillemet (<<>>), inverted comma, question mark, solidus (\ /).
  • The following signs and symbols may be used only if they are not one of the first three letters of a company name: * ;  = ;  # ;  %.

4. Tips for Choosing an Effective Business Name That Stands Out in Kenya's Market

Consider the following factors when choosing a name for your business or company:

1. Select a unique and appealing name.

  • Ensure it accurately represents the product or service you offer to avoid confusing potential customers.
  • Consider the image you want your business to project.
  • Choose a name that is easy to pronounce and remember.
  • Opt for a unique and distinctive name to prevent confusion and legal complications.

2. Find out if the name of the business or company is taken.

There are a few places you should check to see whether a name is taken:

  • Search the Internet : The easiest way to check if someone else is already using your proposed name is to search the Web. This will give you an idea of who else is using the same name or a similar name.
  • Check Domain Registration and Social Media : You might also want to verify if your desired Internet domain name and social media handles are already in use.
  • Check other countries for similar names: If you intend to conduct business in other countries, ensure no one is using your chosen name there as well.
  • Search for trademarks registration at trademarks registry : Registering your business name with the Companies Registry does not offer trademark protection, even if it matches the trade name. Before proceeding with the registration, search for similar existing trade names and trademarks at the Kenya Industrial Property Institute.

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