Is there a requirement to have a fully paid up share capital at the point of incorporation in Kenya?
Shares in public companies must be paid up to a minimum of one quarter of their nominal value. The Companies Act is not clear on this point about private companies. However, the model articles for private companies under the Companies Act provide that the shares of a company must be fully paid and, in practice, the shares allotted at incorporation are usually automatically indicated by the e-filing system as fully paid up even though there are no actual funds received on behalf of the company in this respect. Therefore, the shareholders must ensure that the funds are readily available as and when required.