Section 605 of Insolvency Act CAP 53: Administrator to vacate office on ceasing to be qualified
(1) An administrator of a company vacates office if the administrator ceases to be an authorised insolvency practitioner.
(2) If an administrator vacates office because of subsection (1), the administrator shall give notice of that fact—
(a) in the case of an administrator appointed by administration order, to the Court;
(b) in the case of an administrator appointed under section 534, by notice given to the holder of the floating charge under which the appointment was made;
(c) in the case of an administrator appointed under section 541(1), by notice given to the company; or
(d) in the case of an administrator appointed under section 541(2), by notice given to the directors of the company.
(3) An administrator who, without reasonable excuse, fails to comply with subsection (2) commits an offence and on conviction is liable to a fine not exceeding one million shillings.
(4) If, after being convicted of an offence under subsection (3), an administrator continues to fail to comply with the relevant requirement, the administrator commits a further offence on each day on which the failure continues and on conviction is liable to a fine not exceeding one hundred thousand shillings for each such offence.
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- Section 606 - Filling vacancy in office of administrator
Sections 607 to 611 apply to an administrator who—
(a) dies;
(b) resigns;
(c) is removed from office under section 604; or (d) vacates office under section 605.
- Section 607 - Power of the Court to replace administrator
(1) Any of the following may make an application under subsection (2) for the replacement of an administrator appointed by the Court— (a) a creditors' committee of the company;
(b) the...
- Section 608 - Power of holder of floating charge to appoint replacement administrator appointed under section 534
If the administrator was appointed under section 534, the holder of the floating charge under which the appointment was made may replace the administrator.
- Section 609 - Power of company to appoint replacement administrator appointed under section 541(1)
(1) If the administrator of a company was appointed under section 541(1), the company may replace the administrator.
(2) A replacement under this section may be made only—
(a) with the consent of...
- Section 610 - Power of directors of company to appoint replacement administrator appointed under section 541(2)
(1) If the administrator of a company was appointed under section 541(2), the directors of the company may replace the administrator.
(2) A replacement under this section may be made only—
(a) with...
- Section 611 - Power of the Court to replace administrator in certain other circumstances
(1) The Court may make an order replacing an administrator on the application of a person by whom an application is made under section 607(1) if the Court—
(a) is satisfied that a relevant person is...
- Section 612 - Court may replace administrator when there is a competing floating charge-holder
(1) If an administrator of a company is appointed under section 534 by the holder of a qualifying floating charge in respect of the company's property, the holder of a prior qualifying floating charge...
- Section 613 - Creditors' meeting may replace administrator appointed by company or directors
(1) A creditors' meeting may replace an administrator of a company if—
(a) the administrator has been appointed by the company or its directors under section 541; and (b) there is no holder of a...
- Section 614 - Discharge from liability on administrator's vacating office
(1) If the appointment of a person as the administrator of a company ends (for whatever reason), the administrator is discharged from liability in respect of all acts done or omitted to be done as...
- Section 615 - Former administrator's remuneration and expenses payable of company's property and to have priority over holders of floating charges
(1) This section applies if a person’s appointment as the administrator of a company has ended for whatever reason.
(2) In this section—
(a) "the former administrator" means the person referred to...
- Section 616 - Joint and concurrent administrators
(1) In this Part—
(a) a reference to the appointment of an administrator of a company includes a reference to the appointment of a number of persons to act jointly or concurrently as the...
- Section 617 - Offences committed by joint administrators
(1) If two or more persons are appointed to act as joint administrators of a company, a reference to the administrator of the company in this Part is to those persons acting jointly.
(2) However, a...
- Section 618 - Administrators acting concurrently
If two or more persons are appointed to act concurrently as the administrator of a company, a reference to the administrator of a company in this Part is to any of the persons appointed or to any...
- Section 619 - Power to appoint administrators to act concurrently
(1) If a company is under administration, a person may be appointed to act as administrator jointly or concurrently with the person or persons acting as the administrator of the company.
(2) If a...
- Section 620 - Presumption of validity of acts of administrator
An act of the administrator of a company is valid even if the administrator's appointment or qualification is subsequently found to be defective.
- Section 621 - Majority decision of directors
A reference in this Part to act done or omitted to be done by the directors of a company includes the same act done or omitted to be done by a majority of the directors of a company.
- Section 622 - Power to extend time limits
(1) If a provision of this Part relating to a company under administration provides that a period can be varied in accordance with this section, the Court may vary the period on the application of the...
- Section 623 - Certain specified period can be varied by consent
(1) A period specified in section 566(5) or 568(1) may be varied in respect of a company by the administrator with consent.
(2) In subsection (1), "consent" means—
(a) the consent of each secured...
- Section 624 - Interpretation: Division 1
In this Division—
"prescribed publication", in relation to a company, means—
(a) a newspaper circulating in the area in which the company carries on business;
(b) the company's website (if any);...
- Section 625 - Proposal for voluntary arrangement
(1) The directors of a company may make a proposal under this Division to the company and to its creditors for a voluntary arrangement under which the company enters into a composition in satisfaction...
- Section 626 - Procedure if provisional supervisor is not the liquidator or administrator
(1) This section applies if the provisional supervisor in respect of a director's proposal is not the liquidator or administrator of the company and the directors do not propose to take steps to...
- Section 627 - Provisional supervisor to convene meetings of company and of its creditors
(1) If the provisional supervisor appointed under section 625 is not the liquidator or administrator and has reported to the Court that the meetings referred to in section 626(2) should be convened,...
- Section 628 - Conduct of meetings of company and its creditors
(1) The main purpose of a meeting convened under section 627 is to decide whether to approve the proposal or that proposal with modifications.
(2) At the beginning of a creditors' meeting, the...
- Section 629 - Approval of proposal for voluntary arrangement
(1) This section applies to the decisions taken at the meeting of the company and the meeting of the company's creditors held in accordance with section 628 to consider a directors' proposal (with or...
- Section 630 - Approved proposal to take effect as voluntary arrangement and to be binding on company and its creditors
(1) A directors' proposal (with or without modifications) takes effect as a voluntary arrangement by the company on the day after the date on which it is approved by the Court by order made under...
- Section 631 - Certain persons may challenge decisions relating to approved voluntary arrangement by making application to the Court
(1) The following persons may make an application to the Court for an order under this section—
(a) a person who was entitled to vote at the meeting of the company or the meeting of its...
- Section 632 - Offences involving false representations and fraudulent acts by company officers
(1) An officer of a company who—
(a) makes a false representation for the purpose of obtaining the approval of the members or creditors of a company to a proposal for a voluntary arrangement;...
- Section 633 - Implementation of approved voluntary arrangement
(1) When a proposal takes effect as a voluntary arrangement, the supervisor becomes responsible for implementing the arrangement in the interests of the company and its creditors and monitoring...
- Section 634 - Prosecution of delinquent officers of company
(1) This section applies if—
(a) a moratorium under has been obtained for a company under this Division; or
(b) the approval of a voluntary arrangement in relation to a company has taken effect...
- Section 635 - When voluntary arrangement comes to an end prematurely
For the purposes of this Division, a voluntary arrangement the approval of which has taken effect under section 630(1) ends prematurely if, when it ceases to have effect, it has not been fully...
- Section 636 - Interpretation: Part 2
(1) In this Part—
"agreement" includes an agreement or undertaking effected by contract, deed or any other document intended to have effect in accordance with the law of Kenya or another...
- Section 637 - Application of Part 2
This Division has effect with respect to— (a) companies eligible for a moratorium;
(b) the procedure for obtaining such a moratorium;
(c) the effects of such a moratorium; and (d) deleted by Act No....
- Section 638 - Eligible companies
A company is eligible to obtain a moratorium if it—
(a) complies with such requirements (if any) as may be prescribed by the insolvency regulations;
(b) is not declared to be an ineligible company...
- Section 639 - Banking and insurance companies ineligible to obtain moratorium
The following companies are ineligible companies for the purposes of section 638:
(a) a company that holds a licence granted under section 5 of the Banking Act (Cap. 488) authorising it to carry on a...
- Section 640 - Companies under administration, etc., ineligible to obtain moratorium
(1) The following companies are also ineligible companies for the purpose of section 638—
(a) a company that is under administration;
(b) a company that is in liquidation;
(c) a company in respect...
- Section 641 - Certain projects companies ineligible
(1) A company is also an ineligible company for the purposes of section 638 if, on the lodgement date, it is a project company of a project that is a public-private partnership project and includes...
- Section 643 - What steps company's directors have to take to obtain a moratorium
(1) Deleted by Act No. 1 of 2021
(2) If the directors of an eligible company wish to obtain a moratorium, they shall— (a) prepare—
(i) a document setting out why a moratorium is desirable, which may...
- Section 644 - What directors have to do to obtain moratorium
(1) To obtain a moratorium, the directors of a company shall lodge with the Court—
(a) the documents referred to in section 643(2)(a);
(b) a statement to the effect that the company is eligible for...
- Section 645 - Duration of moratorium
(1) A moratorium takes effect when the documents specified in section 644(1) are lodged with the Court.
(2) A moratorium ends after thirty days from and including the day on which the moratorium...
- Section 646 - What happens when moratorium takes effect
(1) When a moratorium takes effect in respect of a company, the directors of the company shall immediately give notice of that fact to the monitor.
(2) If subsection (1) is not complied with, each of...
- Section 647 - Duty of monitor to publish and give notice that moratorium has taken effect
(1) As soon as practicable after being notified that a moratorium has taken effect, the monitor shall— (a) publish—
(i) once in the Gazette;
(ii) once in at least two newspapers circulating in the...
- Section 648 - Notification of end of moratorium to be given by monitor
(1) Within fourteen days after a moratorium has come to an end, the monitor shall— (a) publish—
(i) once in the Gazette;
(ii) once in at least two newspapers circulating in area in which the company...
- Section 649 - Effect of moratorium on creditors and others
(1) While a moratorium has effect in respect of a company—
(a) an application for liquidation of the company may not be made; (b) a meeting of the company may be convened or requisitioned—
(i) only...
- Section 651 - Security not to be enforced unless it would benefit the company
Security given by a company at a time when a moratorium has effect in relation to the company can be enforced only if, at that time, reasonable grounds existed for believing that the security would...
- Section 652 - Application of sections 653 to 657 to company in respect of which a moratorium has effect
(1) Sections 653 to 657 apply to a company in respect of which a moratorium currently has effect.
(2) The fact that a company enters into a transaction in contravention of a provision of sections 653...
- Section 653 - Company invoices and other documents to state monitor's name and that moratorium has effect
(1) A company in respect of which a moratorium has effect shall ensure that every invoice, order for goods or services, business letter or order form (whether in hard copy, electronic or any other...
- Section 654 - Restrictions on company obtaining credit during moratorium
(1) A company in respect of which a moratorium has effect may not obtain credit exceeding twentyfive thousand shillings from a person who has not been informed that a moratorium has effect in respect...
- Section 655 - Restrictions on disposal of property and making payments by company
(1) Subject to subsection (2), a company in respect of which a moratorium has effect may dispose of any of its property only if—
(a) there are reasonable grounds for believing that the disposal will...
- Section 656 - Restriction on company paying debts and other liabilities
(1) Subject to subsection (2), a company in respect of which a moratorium has effect may make a payment in respect of a debt or other liability of the company that was in existence before the...
- Section 657 - Circumstances in which company may dispose of property and goods that are subject to a security or held under credit purchase transaction
(1) This section applies to—
(a) property of the company that is subject to a security; and
(b) goods that are in the possession of the company under a credit purchase transaction.
(2) A company...