Section 967 of The Companies Act No. 17 of 2015: Court to fix date for transfer of undertaking etc of transferor company

(1) In the case of a division, each transferee company is jointly and severally liable for any liability transferred to any other transferee company under the scheme to the extent that the other...

In this Part— “officer", in relation to a registered foreign company, includes a local representative of the company; “prescribed” means prescribed by the foreign companies regulations; “registered...

(1) A foreign company shall not carry on business in Kenya unless— (a) it is registered under this Part; or (b) it has applied to be so registered and the application has not been dealt with within...

(1) Subject to this Part, a foreign company that wishes to be registered as a foreign company shall lodge with the Registrar an application that is in accordance with this Division. (2) The Registrar...

(1) In its application under section 975, a foreign company shall include particulars of the name under which it seeks to carry on business in Kenya. (2) The name of such a company can be— (a) the...

(1) A foreign company that wishes to be registered under this Part may, at any time, lodge with the Registrar for registration a statement specifying a name, other than its corporate name, under which...

(1) On registering a change in a registered foreign company’s name, theRegistrar shall issue to the company a certificate, under the Registrar’s common seal and in the prescribed form, certifying the...

(1) The Registrar may not register a foreign company under this Part unless the company has at least one local representative in relation to whom the foreign company has complied with the prescribed...

(1) Within one month after a registered foreign company has appointed a person as a local representative of the company in Kenya, the company shall lodge with the Registrar for registration a notice...

(1) A local representative of a registered foreign company— (a) is answerable for the doing of all acts, matters and things that the company is required by or under this Act to do; and (b) is...

(1) A registered foreign company shall not carry on business at a place in Kenya unless the company has lodged with the Registrar for registration a notice containing the prescribed particulars of...

(1) A registered foreign company shall establish and maintain a registered office in Kenya to which all communications and notices may be addressed. (2) The company shall ensure— (a) that its...

(1) A registered foreign company shall paint or affix and keep painted or affixed, in a conspicuous position and in letters easily legible, on the outside of every office and place (including its...

(1) A registered foreign company shall— (a) state its name and other specified information in prescribed classes of documents and communications relating to its business in Kenya; and (b) provide...

(1) A registered foreign company shall, within one month after a change occurs in— (a) its constitution or any other document lodged in relation to the company; (b) its directors; (c) the powers of...

(1) Subject to this section, a registered foreign company shall, at least once in every calendar year and at intervals of not more than fifteen months, lodge a copy of its financial statement made up...

(1) The foreign companies regulations may provide for the registration ofspecified charges over property in Kenya of a registered foreign company. (2) Those regulations may provide for— (a) the...

(1) A registered foreign company shall, as and when required to do so by theRegistrar, provide the Registrar with such returns, containing such information, relating to the company as the Registrar...

If a provision of this Part, or of the foreign companies regulations, requires a registered foreign company to register particulars of a natural person’s usual residential address, the provision is...

(1) Within one month after a registered foreign company has ceased to carryon business in Kenya, each person who, on the day when the company’s business in Kenya ceased, was a local representative of...

(1) On forming a reasonable belief that a registered foreign company— (a) is not carrying on business in Kenya (otherwise than as a result of a notice lodged under section 991); or (b) is carrying...

(1) If the Registrar is satisfied that a foreign company’s name was struck off the Foreign Companies Register as a result of an error on the Registrar’s part, the Registrar may restore the foreign...

(1) The Registrar shall establish and maintain a register, called the Foreign Companies Register. (2) The Registrar shall enter in the Foreign Companies Register the names and prescribed particulars...

(1) The Cabinet Secretary may make regulations (called foreign companies regulations) prescribing matters— (a) required or permitted by this Part to be prescribed by regulations; or (b) necessary or...

(1) If a provision of this Act provides that an officer of a company who is in default commits an offence, the officer commits the offence only if the officer— (a) authorises or...

(1) Deleted by Act No. 28 of 2017, s. 55(b). (2) In its application to a body corporate other than a company, section 996 is to be read as if— (a) the reference to a director of the company...

(1) Proceedings for an offence under this Act alleged to have been committed by an unincorporated body may be brought only in the name of the body (and not in that of any of its members). (2) For the...

A person who is prosecuted for an offence under this Act is not obliged to disclose any information that the person is entitled to refuse to disclose because the information is protected by legal...

(1) An application for an order under subsection (2) may be made to the Court by the Attorney General, the Director of Public Prosecutions or the Inspector General of Police. (2) If, on the hearing...

(1) A Court or magistrate may issue a warrant under this section if satisfied on information on oath given by or on behalf of the Attorney General, or by a person appointed or authorised to exercise...

(1) If a business of a company is carried on with intent to defraud creditorsof the company or creditors of any other person, or for any fraudulent purpose, each person who knowingly participates in...

(1) In this section— “aggrieved person” means a person who claims that a relevant person is liable, or may be or may become liable, to pay money to the first-mentioned person (whether in respect of a...

(1) The Attorney General or a person who claims to have been, to be or to be about to be adversely affected— (a) by the past or continuing conduct of, or by a threat to engage in conduct made by, a...

(1) If, in proceedings for negligence, default, breach of duty or breach of trust against a person who— (a) is an officer of a company; or (b) is employed by a company as auditor (whether or not the...

(1) A company can— (a) keep its records in hard copy or electronic form; and (b) arrange them in such manner as the directors of the company consider to be appropriate for the efficient operation of...

(1) The regulations may specify places other than a company’s registered office at which records of the company that are required to be kept available for inspection under a provision of this Act may...

(1) The regulations may prescribe the obligations of a company that is required by a provision of this Act— (a) to keep available for inspection any specified company records; or (b) to provide...

(1) A company that keeps its records shall ensure that adequate precautions are taken— (a) to guard against falsification of those records; and (b) to facilitate the discovery of any falsification...

(1) A document may be served on a company registered under this Act by leaving it at, or sending it by post to, the company’s registered office. (2) A document may be served on a registered foreign...

(1) A document may be served on a person to whom this section applies by leaving it at, sending it by post to, the person’s registered address. (2) This section applies to the following...

(1) In this Act, a person’s service address is an address at which documentsrequired or permitted to be served on the person under this Act may be effectively served on the person under this Act may...

(1) The Cabinet Secretary shall make regulations (to be called the Companies Communication Regulations) that are to have effect for the purposes of all provision of this Act and of any cognate Act...

(1) A member of a company, or a holder of a company’s debentures, who has received a document information from the company otherwise than in hard copy form is entitled to require the company to send...

(1) A document or information sent or supplied to a company in hard copy formis sufficiently authenticated if it is signed by the person sending or supplying it. (2) A document or information sent or...

(1) This section applies in relation to documents and information sent or supplied by a company. (2) If— (a) a document or information is sent by post (whether in hard copy or electronic form) to an...

(1) Sections 1018 to 1021 apply to the valuation and report required by sections73, 368 and 374. (2) A person is a qualified valuer for the purposes of this Part and the sectionsreferred in...

(1) Except as provided by subsection (2), a valuation and report made for the purpose of sections 73, 368 or 374 can be made only by a qualified valuer. (2) If it appears to the valuer to be...

(1) A person satisfies the independence requirement for the purposes of section 1017 only if— (a) the person is not— (i) an officer or employee of the company; or (ii) a partner or employee of...

(1) This section defines “associate” for the purposes of section 1019. (2) In relation to a natural person, "associate" means— (a) that person's spouse or minor child or step-child; (b) any body...

(1) A person who is carrying out a valuation or making a report with respect to consideration proposed to be accepted or given by a company is entitled to require from the officers of the company such...