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Browse Acts ↓(1) The Court may not make an order under section 479 vesting a leasehold interest in a person claiming under the company as underlessee or mortgagee except on terms making the person— (a) subject to the same liabilities and obligations as the company was subject to under the lease at the commenceme…
(1) If— (a) a creditor— (i) has issued execution against the goods or land of a company; or (ii) has attached any debt due to it; and (b) the company is subsequently liquidated, the creditor is not entitled to retain the benefit of the execution or attachment against the liquidator unless the credit…
(1) This section applies if— (a) a company's goods are taken in execution; and (b) before their sale or the completion of the execution (whether by the receipt or recovery of the full amount of the levy), notice is served on the judicial enforcement officer charged with execution of the writ or othe…
(1) A person who is, as against the liquidator, entitled to the benefit or subject to the burden of a contract made with the company, may make an application for an order under subsection (2). (2) On the hearing of an application made under subsection (1), the Court may make an order rescinding the…
(1) On the liquidation of a company (whether by the Court or voluntarily), the liquidator may, in accordance with this section, make any payment that the company has, before the commencement of the liquidation, decided to make under the Companies Act (Cap. 486) to employees or former employees on ce…
(1) A company that is in liquidation shall ensure that the following documents state that the company is in liquidation: (a) every invoice, order for goods or services, business letter or order form (whether in hard copy, electronic or any other form) issued by or on behalf of the company, or a liqu…
(1) In a company liquidation, interest is payable in accordance with this section on any debt proved in the liquidation, including so much of any such debt as represents interest on the remainder. (2) The liquidator shall, before applying any surplus remaining after the payment of the debts proved i…
(1) If a company is in liquidation, the following documents are exempt from stamp duty— (a) every transfer relating solely to freehold or leasehold property, or to any interest in, any real or movable property, that forms part of the company's assets and that, after the execution of the transfer, ei…
When a company is in liquidation, all records of the company and of the liquidator are (as between the contributories of the company) evidence of the truth of all matters purporting to be recorded in them, until the contrary is proved.
(1) If the liquidation of a company is not completed within twelve months after its commencement, the liquidator shall, at such intervals as are prescribed by the insolvency regulations and until the liquidation is completed, lodge with the Registrar a statement containing the particulars so prescri…
If a resolution is passed at an adjourned meeting of a company's creditors or contributories, the resolution is for all purposes taken to have been passed on the date on which it was in fact passed, and not as having been passed on any earlier date.
(1) The Court may— (a) as to all matters relating to the liquidation of a company, have regard to the wishes of the creditors or contributories (as proved to it by any sufficient evidence); and (b) if it considers appropriate, for the purpose of ascertaining those wishes— (i) direct meetings of the…
In all proceedings under this Part, all courts and tribunals, all judges and persons acting judicially, and all officers of a court or tribunal, or employed in enforcing the process of a court or tribunal, are required to take judicial notice of— (a) the signature of an officer of the High Court; an…
(1) An affidavit required to be sworn under or for the purposes of this Part may be sworn in Kenya— (a) before any court, tribunal, judge or person lawfully authorised to take and receive affidavits; or (b) before any diplomat representing the Government of Kenya in any place outside Kenya. (2) All…
(1) This section applies to a company in voluntary liquidation if the liquidator has sent to the Registrar the liquidator's final account and return in accordance with section 402 or 414. (2) As soon as practicable after receiving the account and return, the Registrar shall register them. (3) At the…
(1) This section applies when an order for the liquidation of a company has been made by the Court and the Official Receiver is the liquidator of the company. (2) On being satisfied— (a) that the realisable assets of the company are insufficient to cover the expenses of the liquidation; and (b) that…
(1) If a notice has been given in accordance with section 495(3), the Official Receiver or any creditor or contributory of the company may apply to the Court for directions under this section. (2) The grounds on which such an application may be made are— (a) that the realisable assets of the company…
(1) This section applies to a notice that is— (a) served for the purposes of section 468(9); or (b) from the Official Receiver that the liquidation of a company by the Court is complete. (2) As soon as practicable after such a notice is lodged for registration, the Registrar shall register it. (3) A…
(1) This section applies in relation to a company— (a) in respect of which the Court has made a liquidation order; or (b) that has passed a resolution for the voluntary liquidation of the company. (2) An officer or former officer of the company commits an offence if, within the twelve months immedia…
(1) This section applies in relation to a company— (a) in respect of which the Court has made a liquidation order; or (b) that has passed a resolution for the voluntary liquidation of the company. (2) An officer or former officer of the company commits an offence if the officer or former officer— (a…
(1) This section applies in relation to a company that is in liquidation, whether voluntary or by the Court. (2) An officer or former officer of the company commits an offence if the officer or former officer— (a) does not to the best of the officer's or former officer's knowledge and belief fully a…
(1) This section applies in relation to a company that is in liquidation, whether voluntary or by the Court. (2) An officer or contributory of the company commits an offence if, during the liquidation, the officer or contributory, with intent to defraud or deceive the company or any other person— (a…
(1) This section applies to a company that is in liquidation, whether voluntary or by the Court. (2) An officer or former officer of the company commits an offence if, during the liquidation, the officer or former officer makes a material omission from a statement relating to the company's financial…
(1) This section applies to a company that is in liquidation, whether voluntary or by the Court. (2) An officer or former officer of the company commits an offence if— (a) the officer or former officer makes a false representation; or (b) does any other fraudulent act, for the purpose of obtaining t…
(1) This section applies to the following persons— (a) an officer or former officer of a company that is in liquidation (whether by the Court or voluntarily); (b) a person who is or has acted as the liquidator of such a company; (c) not being a person referred to in paragraph (a) or (b), a person wh…
(1) A liquidator of a company may make an application to the Court to make an order under subsection (2) if— (a) in the course of the liquidation of the company, the liquidator forms the view that a business of the company has been carried on with intent to defraud creditors of the company or credit…
(1) This section applies— (a) to a company that is in insolvent liquidation; and (b) to a person who, at a time before the commencement of the liquidation, was an officer of the company. (2) For the purposes of this section— (a) a company is in insolvent liquidation if, at the time the liquidation c…
(1) On the hearing of an application under section 505 or 506, the liquidator may personally give evidence or call witnesses. (2) If the Court makes an order under section 505 or 506, it may make such further orders as it considers appropriate for giving effect to the order. (3) In particular, the C…
(1) This section applies to a person if— (a) a company is in insolvent liquidation on or after the commencement of this section; and (b) the person was a director of the company at any time during the twelve months immediately preceding the date on which the liquidation of the company commenced. (2)…
(1) A person is personally responsible for all the relevant debts of a company if at any time— (a) the person is involved in the management of the company in contravention of section 508; or (b) while involved in the management of the company, the person acts or is willing to act on instructions giv…