Company names BRS will refuse
The naming rules Kenya's Business Registration Service applies to companies, the words it will not accept, and how to put forward names in order.
By Achekam · · 4 min read · For Running a business businesses in Kenya
Founders often fall in love with a company name long before they register it. They buy the domain, print a few business cards, maybe brand a van. Then the Business Registration Service (BRS) rejects the name, and everything has to be done again.
Most rejections are avoidable. BRS publishes the rules it applies, and they fall into a handful of groups: the ending a name must carry, names that clash with someone else's, and words that are simply not allowed. This article goes through each, then shows how to put forward your choices so that a rejection of the first one does not hold up the registration.
The ending: Limited, Ltd, plc or Public Limited Company
BRS says a private limited company's name must end with "Limited" or "Ltd". A public company incorporated under the Companies Act, 2015 must end with "plc" or "Public Limited Company".
The ending tells customers, suppliers and lenders what kind of entity they are dealing with, so use it consistently once registered: on invoices, quotes, contracts and the business's letterhead. "Mvua Traders" and "Mvua Traders Limited" are not the same thing in law, and only one of them is your company.
If you are still deciding between a company and a registered business name, read business name or company first, because the naming rules and obligations differ.
Names that clash with someone else's
BRS says a company name must not be identical to:
- a name that has been reserved;
- an existing company;
- a registered business name;
- a limited liability partnership or partnership.
There is one exception: a member of the same group can consent in writing to the use of an identical name. Outside a group, an identical name will not pass.
BRS also says a name should not be the same as, or similar to, a registered trademark, and suggests searching the trademarks registry as well as the company register. A name that clears the company search can still collide with a trademark, and that problem tends to surface later, often in a letter from the trademark owner's lawyers.
Words that are not allowed
Some words are off-limits whatever the rest of the name says. BRS says:
- names containing "co-operative", "society" or "trade union" are not allowed;
- offensive words are not allowed, including offensive words in a vernacular language;
- a name should not start with "Kenya", which is reserved for government-owned entities.
The last rule catches many founders who want a national feel. "Kenya Fresh Produce Limited" starts with a reserved word; a name that places Kenya later, or uses a regional or descriptive word instead, avoids the problem. Ask BRS if you are unsure.
The BRS Companies Registry page sets out these naming rules alongside the registry's other services, and is worth reading before you shortlist.
Offering three to five names in order
Rather than putting one name forward and waiting, BRS's frequently asked questions (a PDF uploaded in May 2024) say that when registering a business name or private company on eCitizen, the applicant keys in a minimum of three and a maximum of five preferred names, in order of priority.
Use that to your advantage. A good list looks like this:
- Your first choice, already checked against the company register and the trademarks registry.
- A close variant, for example with a descriptive word added, in case the first is refused for similarity.
- A different construction, so that a problem with the core word does not knock out every option.
- Optional fourth and fifth choices, each one a name you would be content to trade under.
Because the names are ranked rather than alternatives you choose between later, any of them could end up as the company's name. Do not pad the list with names you would never use. For the registration steps themselves, see registering a company on eCitizen.
A pre-submission checklist
Before you submit, check each name on your list against these questions:
- Does it end correctly for the type of company?
- Is it identical to any company, business name, LLP, partnership or reserved name?
- Is it the same as, or similar to, a registered trademark?
- Does it contain "co-operative", "society" or "trade union"?
- Could any word be offensive, in English, Kiswahili or another language?
- Does it start with "Kenya"?
- Would you be content to trade under it for years?
Putting the registered name on your Achekam documents
Once BRS has approved the name, every document the business sends should carry it exactly as registered, including the ending.
In Achekam, the logo, brand colour and company details set under Settings appear on the documents the server makes, including payslips, tax certificates and documents composed for signature. Enter the registered name there once, carefully, rather than typing it differently on each document.
A business that later registers for VAT enters its registration number in Settings under Firm Profile. Documents made by the server print that number, and they are titled Tax Invoice only when a VAT number is set. One known defect: the invoice PDF downloaded or e-mailed from the invoice screen is always headed TAX INVOICE and cites the South African VAT Act, whatever the business's country or VAT number, so check what your customers receive.
If the name changes after registration, update KRA as well as your own documents; changing your business details for VAT explains that side.
Before you print anything
Treat no name as yours until BRS has approved it. Shortlist three to five names that pass the checks above, search the trademarks registry, and only then spend money on signage, domains and stationery.
General guidance only, not advice on your own circumstances. Tax and payroll rules change: check the current position with the authority or your adviser.
