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Browse Acts ↓(1) The Registrar may require a company to give any necessary consents tothe use of electronic means for communications by the Registrar to the company as a condition of making use of any facility to lodge material to the Registrar by electronic means. (2) A document that is required by or under thi…
(1) A notice that would otherwise require to be published by the Registrar in the Gazette may instead be published by such other means as the Registrar from time to time selects from the alternative means prescribed by the regulations. (2) The regulations may prescribe alternative means. (3) In part…
(1) The Registrar may make rules (called the Registrar’s Rules) about anymatter in respect of which the Registrar may make provision, or impose a requirement, under a function or power imposed or conferred on the Registrar by or under this or any other Act. (2) Subsection (1) does not prevent any su…
(1) For purposes of this Part, “charge” includes a mortgage. (2) For the purposes of this Part, it is immaterial where land that is subject toa charge is located.
(1) A company that creates a charge to which this section applies shall, before the deadline for registration, lodge with the Registrar for registration the particulars of the charge prescribed by the regulations, together with the document (if any) by which the charge is created or evidenced. (2) A…
(1) This section applies to a company that acquires property already subject to a charge of a kind that would, if it had been created by the company after the acquisition of the property, have been required to be registered under this Part. (2) A company to which this section applies shall, before t…
(1) If a series of debentures containing, or given by reference to another document, any charge to the benefit of which the debenture holders of that series are entitled equally among themselves is created by a company, section 878(1) with if— (a) the required particulars; and (b) the deed containin…
(1) If any commission, allowance or discount has been paid or made (either directly or indirectly) by a company to a person as consideration for— (a) subscribing or agreeing to subscribe (whether absolutely or conditionally) for debentures in a company; or (b) procuring or agreeing to procure subscr…
(1) As soon as practicable after receiving a certificate of registration of a charge or a security right, the company shall endorse a copy of the certificate on every debenture or certificate of debenture stock that is issued by the company, and the payment of which is secured by the charge or secur…
(1) If a charge is created outside Kenya comprising property located outside Kenya, the lodgement with the Registrar for registration of a verified copy of the document by which the charge is created or evidenced has the same effect as the lodgement of the document itself. (2) If a charge is created…
(1) The Registrar shall keep, with respect to each company, a register of all the charges that are required to be registered under this Part. (2) If a charge is part of a series of debentures, the Registrar shall record in the register the required particulars specified in section 880(2). (3) In the…
(1) The deadline for registration of a charge created by a company is— (a) thirty days from the day on which the charge is created; or (b) if the charge is created outside Kenya — twenty-one days from the day on which the document by which the charge is created or evidenced, or a copy of it, could,…
(1) A holder of a floating charge on a company's property or undertaking who (a) obtains an order of the Court for the appointment of an administrator in respect of the company; or (b) appoints such an administrator under powers contained in a document, shall, within seven days after obtaining the o…
(1) If a statement is lodged with the Registrar verifying with respect to a registered charge that the debt for which the charge was given has been wholly or partly paid or satisfied, the Registrar shall record in the register of charges relating to the company concerned a memorandum of satisfaction…
(1) A company or interested person who claims that a failure to register a charge before the deadline for registration, or an omission or misstatement of a particular with respect to any such charge or in a memorandum of satisfaction or release— (a) was accidental or due to inadvertence or to some o…
(1) If a company creates a charge or a security right, the charge (in so far asany security on the property or undertaking of the company is conferred by it) or a security right is void against — (a) a liquidator of the company; (b) an administrator of the company; and (c) a creditor of the company,…
(1) A company shall keep a copy of every document creating —(a) a charge that is required to be registered under this Part; and (b) a security right created under the Movable Property Security Rights Act. (2) In the case of a series of uniform debentures, subsection (1) is compliedwith if the compan…
(1) A limited company shall keep a register of charges and security agreements and record in it— (a) all charges and security rights specifically affecting property of the company; and (b) all floating charges on the whole or part of the property or undertaking of the company. (2) The company shall…
(1) This section applies to— (a) documents required to be kept under section 890; and (b) a limited company's register of charges kept in accordance with section 891. (2) Except in so far as the regulations otherwise provide, a company shall keep the documents and register to which this section appl…
In this Part, “creditor” includes a contingent or prospective creditor.
(1) If the Registrar reasonable believes that a company is not carrying on business or is not in operation, the Registrar may send to the company by post a letter inquiring whether the company is carrying on business or is in operation. (2) If the Registrar does not within one month after sending th…
(1) If, in the case of a company that is in liquidation—(a) the Registrar reasonably believes— (i) that the affairs of the company are fully wound up; or (ii) that no liquidator is acting; and (b) the returns required to be made by the liquidator in respect of the company have not been made for six…
(1) A letter or notice to be sent to a company under section 894 or 895 may be addressed to the company at the registered office of the company or, if no office has been registered, to the care of an officer of the company. (2) If there is no officer of the company whose name and address are known t…
(1) On application by a company, the Registrar may strike the name of the company off the Register. (2) Such an application is effective only if it— (a) is made on behalf of the company by its directors or by a majority of them; and (b) contains such information (if any) as is prescribed by the regu…
(1) An application under section 897 may not be made (or, if made, may not be dealt with) if, at any time during the preceding three months, the company has— (a) changed its name; (b) carried on business; (c) made a disposal for value of property that, immediately before ceasing to carry on business…
(1) An application under section 897 on behalf of a company may not be made(or, if made, may not be dealt with) at a time when— (a) an application to the Court under Part XXXIV has been made on behalf of the company for the sanctioning of a compromise or arrangement and the matter has not been final…
(1) A person who makes an application under section 897 on behalf of a company shall ensure that, within seven days after the day on which the application is made, a copy of the application is given to every person who at any time on that day is— (a) a member of the company; (b) an employee of the c…
(1) In this section— “company" means a company that has made an application, or in respect of which an application has been made, under section 897; “relevant period", in relation to a company, means the period beginning on the day after the day on which an application for striking off the company i…
(1) For the purposes of sections 900 and 901, a document is given to a person if it is— (a) delivered to the person personally; (b) left at the person's proper address; or (c) sent to the person by post at that address. (2) For the purposes of subsection (1), the proper address of a person is— (a) i…
(1) In this section— “company" means a company that has made an application under section 897; “relevant event”, in relation to a company, means an of the following: (a) the making of a change to the company's name; (b) engaging in trading or otherwise carrying on business; (c) the disposal by the c…