(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)…
(1) A company shall keep a copy of every document creating —(a) a charge that is required to be registered under this Part; and (b) a security right created under the Movable Property Security Rights…
(1) A limited company shall keep a register of charges and security agreements and record in it— (a) all charges and security rights specifically affecting property of the company; and (b) all floatin…
(1) This section applies to— (a) documents required to be kept under section 890; and (b) a limited company's register of charges kept in accordance with section 891. (2) Except in so far as the regul…
In this Part, “creditor” includes a contingent or prospective creditor.
(1) If the Registrar reasonable believes that a company is not carrying on business or is not in operation, the Registrar may send to the company by post a letter inquiring whether the company is carr…
(1) If, in the case of a company that is in liquidation—(a) the Registrar reasonably believes— (i) that the affairs of the company are fully wound up; or (ii) that no liquidator is acting; and (b) the…
(1) A letter or notice to be sent to a company under section 894 or 895 may be addressed to the company at the registered office of the company or, if no office has been registered, to the care of an…
(1) On application by a company, the Registrar may strike the name of the company off the Register. (2) Such an application is effective only if it— (a) is made on behalf of the company by its directo…
(1) An application under section 897 may not be made (or, if made, may not be dealt with) if, at any time during the preceding three months, the company has— (a) changed its name; (b) carried on busin…
(1) An application under section 897 on behalf of a company may not be made(or, if made, may not be dealt with) at a time when— (a) an application to the Court under Part XXXIV has been made on behalf…
(1) A person who makes an application under section 897 on behalf of a company shall ensure that, within seven days after the day on which the application is made, a copy of the application is given t…
