(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 could not be registered under its former name without contravening section 50, it is to be restored to the Register— (a) under another name specified—
(i) in the case of administrative restoration — in the application to the Registrar; or
(ii) in the case of restoration under an order of the Court order — in the Court's order; or
(b) as if its registered number was also its name.
(3) References in subsection (2) to a company's being registered in a name, and to registration in that context, are to be read as including the company's being restored to the Register.
(4) If a company is restored to the Register under a name specified in the application to the Registrar sections 65 and 66 apply as if the application to the Registrar were notice of a change of name.
(5) If a company is restored to the Register under a name specified in the Court's order, sections 65 and 66 apply as if the copy of the Court order lodged with the Registrar were a notice of a change of the company's name.
(6) If the company is restored to the Register as if its registered number was also its name—
(a) the company shall change its name within fourteen days after the date of the restoration;
(b) the change may be made by resolution of the directors (without affecting any other method of changing the company's name);
(c) the company shall lodge with the Registrar for registration a notice of the change; and
(d) sections 65 and 66 apply in relation to the registration and effect of the change.
(7) If the company fails to comply with subsection (6)(a) or (c), the company, andeach officer of the company who is in default, commit an offence and on conviction are each liable to a fine not exceeding one hundred thousand shillings.
(8) If, after the company or any of its officers is convicted of an offence under subsection (7), the company continues to fail to comply with subsection (6)(a) or (c), 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 ten thousand shillings for each such offence.
(2) If, at the date of restoration, the company could not be registered under its former name without contravening section 50, it is to be restored to the Register— (a) under another name specified—
(i) in the case of administrative restoration — in the application to the Registrar; or
(ii) in the case of restoration under an order of the Court order — in the Court's order; or
(b) as if its registered number was also its name.
(3) References in subsection (2) to a company's being registered in a name, and to registration in that context, are to be read as including the company's being restored to the Register.
(4) If a company is restored to the Register under a name specified in the application to the Registrar sections 65 and 66 apply as if the application to the Registrar were notice of a change of name.
(5) If a company is restored to the Register under a name specified in the Court's order, sections 65 and 66 apply as if the copy of the Court order lodged with the Registrar were a notice of a change of the company's name.
(6) If the company is restored to the Register as if its registered number was also its name—
(a) the company shall change its name within fourteen days after the date of the restoration;
(b) the change may be made by resolution of the directors (without affecting any other method of changing the company's name);
(c) the company shall lodge with the Registrar for registration a notice of the change; and
(d) sections 65 and 66 apply in relation to the registration and effect of the change.
(7) If the company fails to comply with subsection (6)(a) or (c), the company, andeach officer of the company who is in default, commit an offence and on conviction are each liable to a fine not exceeding one hundred thousand shillings.
(8) If, after the company or any of its officers is convicted of an offence under subsection (7), the company continues to fail to comply with subsection (6)(a) or (c), 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 ten thousand shillings for each such offence.
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