(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…
(1) In this section— “company" means a company that has made an application, or in respect of which an application has been made, under section 897; “relevant period", in relation to a company, means…
(1) For the purposes of sections 900 and 901, a document is given to a person if it is— (a) delivered to the person personally; (b) left at the person's proper address; or (c) sent to the person by po…
(1) In this section— “company" means a company that has made an application under section 897; “relevant event”, in relation to a company, means an of the following: (a) the making of a change to the…
An application under section 897 is withdrawn when a notice of withdrawal is lodged with the Registrar.
(1) Property that, immediately before the dissolution of a company had not been distributed or disclaimed, vests in the State with effect from the dissolution of the company. (2) For the purposes of t…
(1) The Attorney General may, by notice of disclaimer, disclaim the State’s ownership of property that has vested in the State under section 905. (2) The Attorney General may, on behalf of the State,…
(1) Property in respect of which a notice of disclaimer has been executed undersection 906 is taken never to have vested in the State. (2) Sections 908 to 911 apply in relation to the effect of the St…
The State's disclaimer operates— (a) so as to terminate, as from the date of the disclaimer, the rights, interests and liabilities of the company in respect of the property disclaimed; and (b) does no…
(1) The disclaimer of any property of a leasehold character does not take effect unless a copy of the disclaimer has been served, so far as the Attorney General is aware of their addresses, on all per…
(1) On an application made by a person who—(a) claims an interest in the disclaimed property; or (b) is under a liability in respect of the disclaimed property that is not discharged by the disclaimer…
(1) The Court may not make an order under section 911 vesting an interest under a lease in a person claiming under the company as a mortgagee or under lessee except on terms making that person— (a) su…
(1) An application may be made to the Registrar to restore to the Register acompany that has been struck off the Register under section 894 or 897. (2) An application under this section may— (a) be ma…
(1) On an application made under section 912, the Registrar shall restore the company to the Register if (but only if) the three conditions set out in subsections (2) to (4) are satisfied. (2) The fir…
(1) As soon as practicable after receiving an application for the administrative restoration of a company to the Register, the Registrar shall determine the application and notify the applicant in wri…
(1) The effect of the restoration of a company to the Register is that the company is taken to have continued in existence as if it had not been dissolved or struck off the Register. (2) The company o…
(1) An application may be made to the Court to restore to the Register a company— (a) that has been dissolved after being liquidated under the law relating to insolvency; (b) that is taken to have bee…
(1) An application to the Court for restoration of a company to the Register maybe made at any time for the purpose of bringing proceedings against the company for damages for personal injury. (2) An…
(1) On the hearing of an application made under section 927, the Court may order the company to be restored to the Register— (a) if the company was struck off the Register under section 894 or 895 and…
(1) The effect of an order by the Court for the restoration of the company to the Register is that the company is taken to have continued in existence as if it had not been dissolved or struck off the…
(1) Except as provided by subsection (2), a company is restored to the Register with the name it had before it was dissolved or struck off the Register. (2) If, at the date of restoration, the company…
(1) The person in whom property is vested by section 905 may dispose of that property, even though the company has been or may be restored to the Register under this Part. (2) The following provisions…
(1) This Part applies when a compromise or arrangement is proposed—(a) between a company and its creditors, or any class of its creditors; or (b) between the company and its members, or any class of i…
(1) The Court may, on an application under subsection (2), order a meeting of—(a) the creditors or class of creditors; or (b) the members of the company or a class of members, to be convened in such m…
(1) When the Court has ordered a meeting to be convened under section 923,the company concerned shall ensure that— (a) each notice convening the meeting that is sent to a creditor or member includes o…
(1) Each director of the company, and each trustee for its debenture holders,shall give notice to the company of such matters relating to the director or trustee as may be necessary for purposes of se…
(1) If a majority in number representing seventy–five percent in value of—(a) the creditors or class of creditors; or (b) the members or class of members, present and voting either in person or by pro…
(1) In this section— property" includes property, rights and powers of every description; “liabilities" includes duties; “transferee company" means a company to which the whole or a part of the undert…
(1) Within seven days after the Court has made an order under section 927,each company affected by the order shall lodge a copy of it with the Registrar for registration. (2) If one of the companies a…
(1) This section applies— (a) to any order under section 926; and (b) to any order under section 927 that alters the company’s constitution. (2) If an order to which this section applies amends— (a) a…
(1) In this Part— “companies involved in the division", in relation to a division, means the transferor company and any existing transferee companies; “division" means a scheme of the kind described i…
(1) The Part applies when— (a) a compromise or arrangement is proposed between a public company and— (i) its creditors or a specified class of them; or (ii) its members or a specified class of them, f…
(1) The Court may sanction the compromise or arrangement under Part XXXIVonly if the relevant requirements of this Part have been complied with. (2) The requirements applicable to mergers are specifie…
(1) A scheme involves a merger if under the scheme— (a) the undertaking, property and liabilities of one or more public companies (including the company in respect of which the compromise or arrangeme…
