Section 681 of Insolvency Act CAP 53: Court's enforcement powers under section 680
(1) If, after considering the evidence obtained under section 680 or this section, it appears to the Court that a person has control over property of the company, the Court may, on the application of the relevant office-holder, order the person to deliver the whole or any part of the property to that office-holder at such time, in such manner and on such terms as the Court considers appropriate.
(2) If, after considering the evidence so obtained, it appears to the Court that a person is indebted to the company, the Court may, on the application of the relevant office-holder, order the person to pay to that office holder, at such time and in such manner as the Court may direct, the whole or any part of the amount due (whether in full discharge of the debt or otherwise) as the Court considers appropriate.
(3) A person who appears or is brought before the Court under section 680 or this section can be examined on oath about matters concerning the company or the promotion, formation, affairs or property of the company.
Enhance Your Research with Bookmarks and Annotations
Here's how you can use these features:
- To bookmark this page, click the "Bookmark this Page" button below the document title.
- To add an annotation, highlight text in the document and select "Add Annotation" from the toolbar that appears.
- These features are great for organizing your research and keeping track of key information.
- You can view and manage your bookmarks and annotations on your Bookmarks and Annotations page.
- Section 682 - Power of the Court to set aside transaction that is under value
(1) This section applies to a company that is under administration or in liquidation.
(2) In this section, "relevant time" has the meaning given by section 684.
(3) On forming the reasonable belief...
- Section 683 - Power of the Court to void certain preferences
(1) In this section, "relevant time" has the meaning given by section 684.
(2) If of the view that a company has at a relevant time given a preference to a person, the relevant office-holder may...
- Section 684 - What "relevant time" means in sections 682 and 683
(1) Subject to subsection (3), the time at which a company enters into a transaction at an undervalue is a relevant time if the transaction is entered into at a time—
(a) during the two years...
- Section 685 - Orders under sections 682 and 683: ancillary provisions
(1) An order under section 682 or 683 with respect to a transaction or preference entered into or given by a company may, subject to subsection (
2)—
(a) require property transferred as part of the...
- Section 686 - Power of the Court to set aside certain extortionate credit transactions
(1) This section applies to a transaction to which a company is, or has been, a party to a transaction for, or involving, the provision of credit to the company.
(2) The relevant office-holder may...
- Section 687 - Circumstances in which floating charge on company's undertaking or property to be invalid
(1) Except as otherwise provided by this section, a floating charge on the company's undertaking or property created at a relevant time is invalid except to the extent of the aggregate of—
(a) an...
- Section 688 - Lien in respect of company's documents unenforceable if it would deny their possession to relevant office-holder
(1) This section applies to a company that is under administration or in liquidation.
(2) A lien or other right to retain possession of any of the documents of the company is unenforceable to the...
- Section 689 - Supply of utility services to companies in liquidation or under administration
(1) This section applies to a company—
(a) that is under administration or in liquidation; or
(b) in respect of which a moratorium or voluntary arrangement under Part IX has effect.
(2) In this...
- Section 690 - Appointment of administrative receiver in respect of company prohibited
(1) In this section, "administrative receiver", in relation to a company, means—
(a) a receiver or manager of the whole (or substantially the whole) of the company's property appointed by or on...
- Section 691 - Enforcement of company's obligations to lodge documents with, or give notice to, the Registrar of Companies
(1) If a company has failed to comply with a requirement under this Act—
(a) to lodge a document with the Registrar for registration; or
(b) to give notice to the Registrar of any matter, the...
- Section 692 - Power of the Court to grant injunctions in certain cases
(1) The Official Receiver, 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...
- Section 693 - Liability of officer who are in default
(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...
- Section 694 - Offences by bodies corporate
(1) If—
(a) a body corporate commits an offence to which this section applies; and
(b) the offence is proved to have been committed with the consent or connivance of, or to be attributable to...
- Section 695 - Admissibility in evidence of statement prepared for purpose of provision of this Act or the insolvency regulations
(1) In any proceedings (whether under this Act or any other written law)—
(a) a statement of the financial position or affairs of a bankrupt, company or other person prepared for the purpose of any...
- Section 696 - Legal proceeding under this Act not to be invalidated or set because of a defect unless person detrimentally affected
(1) A proceeding under this Act may not be invalidated or set aside for a defect in a step that is required to be taken as part of, or in connection with, the proceeding, unless a person is...
- Section 697 - Power to make insolvency procedure rules
(1) The Rules Committee, with the addition of the Official Receiver, may make rules providing for either or both of the following—
(a) the procedure of the Court under this Act;
(b) appeals to the...
- Section 698 - Power of the Court to review, rescind or vary order made under this Act
The Court may review, rescind, or vary any order of the Court under this Act.
- Section 699 - Right of appeal to Court of Appeal
(1) Any person dissatisfied with a decision of the Court under this Act may appeal to the Court of Appeal against the decision.
(2) Except as otherwise expressly provided by this Act, a notice of...
- Section 700 - Suspension of bankruptcy, liquidation or administration pending determination of appeal
(1) If an appeal has been lodged against a bankruptcy order or an order for the liquidation or administration of a company, any interested person may apply to the Court or the Court of Appeal for an...
- Section 701 - Appointment of Official Receiver and others
(1) The Cabinet Secretary shall, as and when necessary, appoint suitably qualified persons to the positions of—
(a) Official Receiver; and
(b) one or more Deputy Official Receivers.
(2) The...
- Section 702 - Deputy Official Receiver may act on behalf of Official Receiver
A Deputy Official Receiver may act for, or in the place of, the Official Receiver or another Deputy Official Receiver, and in that capacity has all the authority and powers of the Official Receiver or...
- Section 703 - Incorporation of Official Receiver as a corporation sole
(1) The Official Receiver is, for the purpose of performing the functions imposed and exercising the powers to be conferred on the Official Receiver by or under this or any other Act, incorporated as...
- Section 704 - Vacation of office by Official Receiver and Deputy Official Receiver
(1) The office of Official Receiver or Deputy Official Receiver becomes vacant if— (a) the person dies;
(b) the person's term of office expires without the person being reappointed;
(c) the person...
- Section 705 - Protection of Official Receiver and Deputy Official Receivers from liability
Neither the Official Receiver nor a Deputy Official Receiver is liable in civil proceedings for any act that the Official Receiver or Deputy Official Receiver has done or omitted to do for the purpose...
- Section 706 - Official Receiver and Deputy Official Receivers may charge fees
(1) The Official Receiver and Deputy Official Receivers may charge fees for performing their official functions, and exercising their official powers, at the rates (if any) prescribed by the...
- Section 707 - Rates of Official Receiver's fees
(1) The insolvency regulations may fix or prescribe the amount or rates of fees chargeable under section 706.
(2) Those regulations may, for example, prescribe—
(a) hourly or other...
- Section 708 - Insolvency Services Account to be established and maintained
(1) The Official Receiver shall establish in the Central Bank of Kenya an account, to be called the "Insolvency Services Account".
(2) The Official Receiver shall pay into the Insolvency Services...
- Section 709 - Official Receiver to pay certain unclaimed dividends and undistributed balances into Insolvency Services Account
The Official Receiver shall from time to time pay into the Consolidated Fund out of the Insolvency Services
Account so much of the amounts standing to the credit of that Account as...
- Section 710 - Application of Division 2
This Division applies to a public register established under section 47, 337 or 350.
- Section 711 - Official Receiver to ensure access to public registers
(1) The Official Receiver shall ensure that all public registers are available for access and inspection by members of the public during the Official Receiver's ordinary business hours.
(2) However,...
- Section 712 - Purposes of public registers
(1) The public register kept under section 47 has—
(a) the purpose of providing information about bankrupts and discharged bankrupts; and (b) the further purposes specified in subsection...
- Section 713 - General information to be included in public registers
(1) The Official Receiver shall ensure that the public registers contain the prescribed information in respect of the following persons—
(a) a person who is or has been bankrupt;
(b) a person who is...
- Section 714 - Information kept indefinitely on public register after multiple insolvency events
(1) This section applies to a person who—
(a) is or has been bankrupt on two or more occasions; or
(b) is or has been both bankrupt and discharged from the no asset procedure under section...
- Section 715 - Restricted information that may be included in public register relating to bankruptcies
(1) The public register kept under section 47 may contain any or all of the documents set out in section 101 in respect of a bankrupt or former bankrupt.
(2) The Official Receiver shall ensure that a...
- Section 716 - When Official Receiver may omit, remove, restrict access to, or amend, information contained in a public register
(1) The Official Receiver may omit, remove, or restrict access to information contained in a public register in respect of a person if the Official Receiver considers that the disclosure of the...
- Section 717 - Right of members of public to inspect registers
(1) A person may inspect the public registers only in accordance with this Act and such provisions (if any) of the insolvency regulations as relate to the inspection of the public registers.
(2) The...
- Section 718 - Information contained in public registers may be used for statistical or research purposes
Nothing in this Division prevents the use of information contained in the public registers for statistical or research purposes if the information—
(a) does not identify anyone; and
(b) is not...
- Section 719 - Government and Official Receiver not liable for certain acts and omissions
Neither the Government nor the Official Receiver may be sued for any act or omission in relation to the maintenance of a public register under this Division done or omitted to be done in good faith...
- Section 720 - Cross border insolvency
The United Nations Commission on International Trade Law (Model Law on Cross-Border Insolvency) has the force of law in Kenya in the form set out in the Fifth Schedule.
- Section 721 - Representation of bodies corporate at meetings
(1) A body corporate that is a creditor or debenture-holder may by resolution of its directors or other governing body authorise a person or persons to act as its representative or...
- Section 722 - Courts, Official Receiver and others to publish orders and notices on their respective websites
(1) As soon as practicable after the Court has made an order under a provision of this Act, the Registrar of the Court shall publish on the Court's website a copy of the order or a summary of its...
- Section 723 - Official Receiver, bankruptcy trustees, liquidators and administrators to notify creditors of prescribed steps in the insolvency process
(1) If an interim trustee or bankruptcy trustee takes a prescribed step in the bankruptcy process relating a bankrupt, that trustee shall, by notice, give to all creditors of the bankrupt of whom that...
- Section 723A - Information by insolvency practitioner
(1) A creditor may request information from a relevant insolvency practitioner and the insolvency practitioner shall provide the information within— (a) five business days after receiving the request;...
- Section 724 - Certain transactions relating to bankrupt's estate exempt from stamp duty
Stamp duty is not payable in respect of—
(a) any transfer or other document relating solely to property that is comprised in a bankrupt's estate and that, after the execution of that document, is or...
- Section 725 - Re-direction of bankrupt's correspondence
(1) If a bankruptcy order has been made, the Court may, from time to time, on the application of the Official Receiver or of the bankruptcy trustee in respect of the bankrupt's estate, order Posta...
- Section 726 - Supply of utility services to bankrupts and others
(1) In this section—
(a) "communications services" do not include electronic communications services to the extent that they are used to broadcast or otherwise transmit programme services;...
- Section 727 - Order for production of documents by Kenya Revenue Authority
(1) For the purposes of any proceedings against a debtor or bankrupt under Part III (including a public examination of a bankrupt), the Court may, on the application of the Official Receiver or the...
- Section 728 - Cabinet Secretary to prepare annual report
Not later than three months after the end of 2015 and each subsequent calendar year, the Cabinet Secretary shall prepare a report about the operation of this Act during that year and arrange for a...
- Section 729 - Service of documents, etc., for the purposes of this Act
(1) A document that is required or permitted by or under this Act to be served on, or given to, a natural person may be served on, or given to, the person personally or by means of a letter addressed...
- Section 730 - Power of Cabinet Secretary to make insolvency regulations for the purposes of this Act
(1) The Cabinet Secretary may make insolvency regulations prescribing matters— (a) required or permitted by this Act to be prescribed by insolvency regulations; or
(b) necessary or convenient to be...