Section 705 of Insolvency Act CAP 53: 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 of performing or exercising in good faith any function or power imposed or conferred on the Official Receiver or a Deputy Official Receiver by or under this Act or any other written law.
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 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...
- Section 731 - Act to bind the Government
This Act binds the Government.
- Section 732 - Repeal of Bankruptcy Act and revocation of subsidiary legislation (Cap. 53, sub. leg)
(1) The provisions of the Bankruptcy Act (Cap. 53) are repealed on such date or such different dates as the Cabinet Secretary may appoint by notice published in the Gazette.
(2) When bringing...
- Section 733 - Transitional provisions: insolvency of natural persons
(1) In this section—
"the commencement" means the coming into operation of Parts III to V;
"past event" means any of the following that has occurred before the commencement— (a) issuing a bankruptcy...
- Section 734 - Transitional provisions: Winding up and insolvency of companies
(1) In this section—
“the commencement" means the coming into operation of Parts VI to X;
"past event" means any of the following that has occurred before the commencement:
(a) the passing by the...
- Section 735 - Power of Cabinet Secretary to make savings and transitional regulations
(1) The Cabinet Secretary may make regulations containing provisions of a savings or transitional nature relating to the transition from the application of the repealed Bankruptcy Act and the relevant...