Most people confuse  between the  K.R.A  Annual Income tax Returns and Attorney Generals Annual Returns.

Lets try to make you understand what we mean by Attorney Generals Annual Returns.

What are annual returns?

Annual returns is a statutory document that every registered company in Kenya has to file with the registrar of companies to show the “current” status of the company.

 Annual returns highlight  the changes that have occurred in the structure of the company during the year such as: the shareholding, the division of shares, the Nominal capital, the directorship and shareholders in a company. The current registered office of the company and details of the company secretary.

How do you  file returns for a limited company in Kenya?

Having duly registered your company with the registrar of companies,you are  ready to start off.

All Companies should file the first annual return exactly One year and 6 months after incorporation.

Thereafter, the company has to file annual returns every other one year. Returns are filed by filling out a Form 1.Annual return form. The form should then be certified by the company secretary and uploaded to ecitizen.

What if you don’t file the annual returns?

Where a company annual returns are not filed in time,The registrar levies and Penalty on the company. In the event of any changes in the company structure or in case of any business that requires the registrar to register any external documents like charges, mortgages etc. Where an annual returns is not filed. The registrar shall not process such requests. The company also risks being struck off the register of companies

At Jamii Capital Limited we are here and ready to help you in the process of filing your company’s  annual returns.

Contact us today

WHAT ARE ANNUAL RETURNS? Its a statutory document that every registered company  in Kenya has to file with the registrar of companies to show the “current” status of the company. Annual returns highlight the structure of the company, the shareholding, the division of shares, the Nominal capital, the names and addresses of the directors and shareholders in a company. The current registered office of the company and details of the company secretary. After incorporation, the first annual return filing should happens at exactly One year and 6 months, after which the filing should be filed on an annual basis. Remember you risk your company being struck of the register of companies when you continuously fail to file the annual returns.            

Section 125 of the Companies Act stipulates that every company having a share capital shall, once at least in every year, make a return, and the said return shall be in the form and shall be made up to the date of the fourteenth day after the date of the annual general meeting.

Key requirements on filing company annual returns in Kenya

The annual returns should be made at least once every calendar year.

The annual return is be completed within forty-two (42) days after the annual general meeting for the year of the annual return, and the company must within such period deliver to the registrar a copy of the annual return, signed both by a director and by the secretary of the company. If a company fails to comply with this requirement, the company and every officer of the company who is in default shall be liable to a default fine as may be deemed fit by the registrar. It should be noted that the term “officer” as used here includes any person in accordance with whose directions or instructions the directors of the company are accustomed to act.

In filing the Annual Return, the completed form is submitted at the Companies Registry with the requisite fees before accepted for filing. Late filing of annual returns attracts a penalty for every year defaulted.