The Companies Act No. 17 of 2015Section 839 of The Companies Act No. 17 of 2015: Power of Registrar to impose requirements with respect to lodgement of documents
(1) The Registrar shall specify the form, authentication and manner of lodgement of documents required or permitted to be lodged with the Registrar for registration under this or any other Act.
(2) In relation to the form of a document, the Registrar may—
(a) require the contents of the document to be in a standard form; and
(b) impose requirements for the purpose of enabling the document to be scanned or copied.
(3) In relation to authentication of a document, the Registrar may do all or any of the following:
(a) require the document to be authenticated by a particular person or a person of a particular description;
(b) specify the means of authentication;
(c) require the document to contain or be accompanied by the name or registered number of the company to which it relates (or both).
(4) In relation to the manner of lodgement of a document, the Registrar may specify requirements as to all or any of the following:
(a) the physical form of the document (for example, hard copy or electronic form);
(b) the means to be used for lodging the document (for example, by post or electronic means);
(c) the address to which the document is to be sent;
(d) in the case of a document to be lodged by electronic means, the hardware and software to be used, and technical specifications (for example, matters relating to protocol, security, anti-virus protection or encryption).
(5) The powers conferred by this section do not authorise the Registrar to require documents to be lodged by electronic means.
(6) The Registrar shall ensure that all requirements imposed under this section are consistent with requirements imposed by any written law with respect to the form, authentication or manner of lodgement of the document concerned.
Check the current authoritative text and amendment history before relying on this provision.
(1) The regulations may require documents, or documents of a specified class,that are required to be lodged with the Registrar for registration to be lodged by electronic means. (2) A requirement to l…
(1) The Registrar may enter into a written agreement with a company providingfor documents relating to the company that are required or permitted to be lodged with the Registrar for registration— (a)…
(1) A document is not lodged with the Registrar for registration until theRegistrar or a member of the Registrar's staff actually receives it. (2) The Registrar's Rules may make specific provision as…
(1) A document lodged with the Registrar for registration is not properly lodged for the purposes of this Act unless the following requirements are satisfied— (a) requirements imposed under section 83…
(1) A document that is lodged with the Registrar for registration may be corrected by the Registrar if it appears to the Registrar to be incomplete or internally inconsistent. (2) The power of the Reg…
(1) The Registrar may accept a replacement for a document previously lodged that did not comply with the requirements for proper lodgement. (2) The Registrar may accept a replacement document only if…
(1) For the purpose of this section, information is unnecessary if it— (a) is not required in order to comply with an obligation imposed by or under this or any other Act; and (b) is not specifically…
(1) This section applies if a document lodged with the Registrar for registration — (a) does not meet the requirements for proper lodgement; and (b) is not corrected under section 844, or replaced und…
(1) The Registrar shall note in the Register- (a) the date on which a document is lodged with the Registrar for registration; (b) if a document is corrected under section 844 — the nature and date of…
(1) The regulations may provide for the use, in connection with the Register, of reference numbers or unique identifiers to identify each person who— (a) is a director of a company; (b) is secretary,…
(1) Subject to section 854(3), the Registrar shall keep the originals of documents lodged with the Registrar in hard copy form for not less than three years after they are lodged. (2) After the end of…
(1) At any time after the expiry of two years from the date on which— (a) a company has been dissolved; or (b) a foreign company has ceased to be registered as such in Kenya, the Registrar may arrange…
(1) Every member of the public has the right to inspect the Register. (2) The right of inspection extends to the originals of documents lodged withthe Registrar in hard copy form if, and only if, the…
(1) Any member of the public may apply to the Registrar for a copy of anyrecord that forms part of the Register or the Foreign Companies Register. (2) On receiving such an application, the Registrar s…
(1) The Registrar may not make available for public inspection— (a) the contents of a document sent to the Registrar containing views expressed in accordance with section 51; (b) protected information…
(1) The Registrar is, on an application made in accordance with the regulations referred to in subsection (2), required to make an address on the Register unavailable for public inspection. (2) The re…
The Registrar may specify the form and manner in which application is to be made for— (a) an inspection under section 852; or (b) a copy under section 853.
The Registrar may determine the form and manner in which copies are to be provided under section 854.
(1) The Registrar shall certify copies of records provided in hard copy formunder section 854 as true copies unless the applicant dispenses with the need for certification. (2) The Registrar may not c…
(1) Any legal process compelling the Registrar to produce a record kept by theRegistrar may issue from a court only with the permission of the Court. (2) Such a process is of no effect unless it state…
(1) If it appears to the Registrar that the information contained in a document lodged with the Registrar for registration is inconsistent with an existing entry in the Register, the Registrar may gav…
(1) The Registrar may remove from the Register any entry that there was power to make, but no duty. (2) This power is exercisable, in particular, so as to remove— (a) information derived from a docume…
(1) On receiving an application made in accordance with this section, the Registrar shall remove from the Register an entry relating to a company that the Registrar is satisfied is of a kind that— (a)…
(1) The Registrar shall remove from the Register any entry— (a) that derives from anything that the Court has declared to be invalid or ineffective, or to have been done without the authority of the c…
(1) If the Court makes an order for the removal of an entry from the Registerunder section 863, it may also give any of the following directions: (a) that any note on the Register that is related to t…
Subject to section 866, the Registrar may refuse to accept any document lodged with, or delivered, sent or submitted to the Registrar in a language other than English.
(1) Documents to which this section applies may be drawn up and lodged withthe Registrar in a language other than English, but only if they are accompanied by a certified translation in English. (2) T…
(1) A company may lodge with the Registrar for registration one or more certified translations of any document relating to the company that is or has been lodged with the Registrar. (2) The regulation…
(1) In this Part, a “certified translation” means a translation certified as prescribed by the regulations for the purposes of this section to be a correct translation. (2) In the case of any discrepa…
(1) The Registrar may decline to accept for lodgement documents that containnames and addresses unless those names and address comprise only letters, characters and symbols, including accents and othe…
(1) If a name or address is or has been lodged with the Registrar in a permitted form using other than Roman characters, the company may lodge with the Registrar for registration a translation into Ro…
(1) The regulations may require the certification of transliterations and prescribe the form of certification. (2) Different provision may be made for compulsory and voluntary translations.
A person who— (a) lodges or causes to be lodged with the Registrar for registration a document containing information; or (b) makes to the Registrar a statement for any purpose that the person knows,…
(1) This section applies if a company has not complied with an obligation imposed by this Act— (a) to lodge a document to the Registrar; or (b) to give notice to the Registrar of any matter. (2) The R…
(1) The Registrar may require a company to give any necessary consents tothe use of electronic means for communications by the Registrar to the company as a condition of making use of any facility to…
(1) A notice that would otherwise require to be published by the Registrar in the Gazette may instead be published by such other means as the Registrar from time to time selects from the alternative m…
(1) The Registrar may make rules (called the Registrar’s Rules) about anymatter in respect of which the Registrar may make provision, or impose a requirement, under a function or power imposed or conf…
(1) For purposes of this Part, “charge” includes a mortgage. (2) For the purposes of this Part, it is immaterial where land that is subject toa charge is located.
(1) A company that creates a charge to which this section applies shall, before the deadline for registration, lodge with the Registrar for registration the particulars of the charge prescribed by the…
(1) This section applies to a company that acquires property already subject to a charge of a kind that would, if it had been created by the company after the acquisition of the property, have been re…
(1) If a series of debentures containing, or given by reference to another document, any charge to the benefit of which the debenture holders of that series are entitled equally among themselves is cr…
(1) If any commission, allowance or discount has been paid or made (either directly or indirectly) by a company to a person as consideration for— (a) subscribing or agreeing to subscribe (whether abso…
(1) As soon as practicable after receiving a certificate of registration of a charge or a security right, the company shall endorse a copy of the certificate on every debenture or certificate of deben…
(1) If a charge is created outside Kenya comprising property located outside Kenya, the lodgement with the Registrar for registration of a verified copy of the document by which the charge is created…
(1) The Registrar shall keep, with respect to each company, a register of all the charges that are required to be registered under this Part. (2) If a charge is part of a series of debentures, the Reg…
(1) The deadline for registration of a charge created by a company is— (a) thirty days from the day on which the charge is created; or (b) if the charge is created outside Kenya — twenty-one days from…
(1) A holder of a floating charge on a company's property or undertaking who (a) obtains an order of the Court for the appointment of an administrator in respect of the company; or (b) appoints such a…
(1) If a statement is lodged with the Registrar verifying with respect to a registered charge that the debt for which the charge was given has been wholly or partly paid or satisfied, the Registrar sh…
(1) A company or interested person who claims that a failure to register a charge before the deadline for registration, or an omission or misstatement of a particular with respect to any such charge o…
(1) If a company creates a charge or a security right, the charge (in so far asany security on the property or undertaking of the company is conferred by it) or a security right is void against — (a)…
