The Companies Act No. 17 of 2015Section 245 of The Companies Act No. 17 of 2015: Direction requiring public company to appoint secretary
(1) If satisfied that a public company is failing to comply with section 244, the Registrar may give the company a direction under this section.
(2) The Registrar shall state in the direction that the company appears to be failing to comply with section 244 and—
(a) what the company is required to do in order to comply with the direction.
(b) the period within which it is to comply; and
(c) the consequence of failing to comply with the direction.
(3) The period specified under subsection (2)(b) may not be less than one month or more than three months after the date the direction is given.
(4) Unless the company is in fact complying with section 244, the company shall comply with the direction by—
(a) making the necessary appointment; and
(b) giving notice of the appointment under section 249, before the end of the period specified in the direction.
(5) If the company has already made the necessary appointment, it shall comply with the direction by giving notice of the appointment under section 249 before the end of the period specified in the direction.
(6) If a company fails to comply with a direction given to it under this section, the company, and each officer of the company who is in default, commit an offence and on conviction are each liable to a fine not exceeding five hundred thousand shillings.
(7) If, after a company or any of its officers is convicted of an offence under subsection (6), the company continues to fail to comply with the direction, the company, and each officer of the company who is in default, commit a further offence on each day on which the failure continues and on conviction are each liable to a fine not exceeding fifty thousand shillings for each such offence.
Check the current authoritative text and amendment history before relying on this provision.
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