Section 904 of The Companies Act No. 17 of 2015: When withdrawal of application takes effect
An application under section 897 is withdrawn when a notice of withdrawal is lodged with the Registrar.
The Companies Act No. 17 of 2015 in Kenya
Read individual provisions, follow the section sequence and explore related case citations.
Browse Acts ↓Provisions
1,019 resultsSection 905 of The Companies Act No. 17 of 2015: Property of dissolved company to vest in the State
(1) Property that, immediately before the dissolution of a company had not been distributed or disclaimed, vests in the State with effect from the dissolution of the company. (2) For the purposes of this section, property of the former company includes leasehold property and all other rights vested…
Section 906 of The Companies Act No. 17 of 2015: Disclaimer of property vesting in the State
(1) The Attorney General may, by notice of disclaimer, disclaim the State’s ownership of property that has vested in the State under section 905. (2) The Attorney General may, on behalf of the State, waive the right to execute a notice of disclaimer, either expressly or by taking possession or other…
Section 907 of The Companies Act No. 17 of 2015: Effect of State disclaimer
(1) Property in respect of which a notice of disclaimer has been executed undersection 906 is taken never to have vested in the State. (2) Sections 908 to 911 apply in relation to the effect of the State's disclaimer
Section 908 of The Companies Act No. 17 of 2015: General effect of disclaimer
The State's disclaimer operates— (a) so as to terminate, as from the date of the disclaimer, the rights, interests and liabilities of the company in respect of the property disclaimed; and (b) does not, except so far as is necessary for the purpose of releasing the company from any liability, affect…
Section 909 of The Companies Act No. 17 of 2015: Disclaimer of leaseholds
(1) The disclaimer of any property of a leasehold character does not take effect unless a copy of the disclaimer has been served, so far as the Attorney General is aware of their addresses, on all persons claiming under the company as mortgagees, and either— (a) no application under section 910 is m…
Section 910 of The Companies Act No. 17 of 2015: Power of Court to make vesting order
(1) On an application made by a person who—(a) claims an interest in the disclaimed property; or (b) is under a liability in respect of the disclaimed property that is not discharged by the disclaimer, the Court may make an order under this section in respect of the property. (2) An order under this…
Section 911 of The Companies Act No. 17 of 2015: Protection of persons holding under a lease
(1) The Court may not make an order under section 911 vesting an interest under a lease in a person claiming under the company as a mortgagee or under lessee except on terms making that person— (a) subject to the same liabilities and obligations as those to which the company was subject under the le…
Section 912 of The Companies Act No. 17 of 2015: Application for administrative restoration to the Register
(1) An application may be made to the Registrar to restore to the Register acompany that has been struck off the Register under section 894 or 897. (2) An application under this section may— (a) be made whether or not the company has in consequence been dissolved; (b) be made only by a former direct…
Section 913 of The Companies Act No. 17 of 2015: Requirements for administrative restoration
(1) On an application made under section 912, the Registrar shall restore the company to the Register if (but only if) the three conditions set out in subsections (2) to (4) are satisfied. (2) The first condition is that the company was carrying on business or in operation at the time of its strikin…
Section 914 of The Companies Act No. 17 of 2015: Registrar’s decision on application for administrative restoration
(1) As soon as practicable after receiving an application for the administrative restoration of a company to the Register, the Registrar shall determine the application and notify the applicant in writing of the determination. (2) If the application is refused, the Registrar shall include in the det…
Section 915 of The Companies Act No. 17 of 2015: Effect of administrative restoration
(1) The effect of the restoration of a company to the Register is that the company is taken to have continued in existence as if it had not been dissolved or struck off the Register. (2) The company or an interested person may make an application to the Court for an order under subsection (3) at any…
Section 916 of The Companies Act No. 17 of 2015: Application to Court for restoration to the Register
(1) An application may be made to the Court to restore to the Register a company— (a) that has been dissolved after being liquidated under the law relating to insolvency; (b) that is taken to have been dissolved following administration under that Act; or (c) that has been struck off the Register— (…
Section 917 of The Companies Act No. 17 of 2015: When application to the Court may be made
(1) An application to the Court for restoration of a company to the Register maybe made at any time for the purpose of bringing proceedings against the company for damages for personal injury. (2) An order may not be made on such an application if it appears to the Court that the proceedings would f…
Section 918 of The Companies Act No. 17 of 2015: Decision on application for restoration by the Court
(1) On the hearing of an application made under section 927, the Court may order the company to be restored to the Register— (a) if the company was struck off the Register under section 894 or 895 and the company was, at the time of the striking off, carrying on business or was in operation; (b) if…
Section 919 of The Companies Act No. 17 of 2015: Effect of Court order for restoration to the Register: power of Court tomake consequential directions
(1) The effect of an order by the Court for the restoration of the company to the Register is that the company is taken to have continued in existence as if it had not been dissolved or struck off the Register. (2) The Court may give such directions and make such provision as it considers just in or…
Section 920 of The Companies Act No. 17 of 2015: Company’s name on being restored to the Register
(1) Except as provided by subsection (2), a company is restored to the Register with the name it had before it was dissolved or struck off the Register. (2) If, at the date of restoration, the company could not be registered under its former name without contravening section 50, it is to be restored…
Section 921 of The Companies Act No. 17 of 2015: Effect of restoration to the Register if property has vested in the State under section 919
(1) The person in whom property is vested by section 905 may dispose of that property, even though the company has been or may be restored to the Register under this Part. (2) The following provisions apply when a company is restored to the Register: (a) the restoration does not affect a disposition…
Section 922 of The Companies Act No. 17 of 2015: Part XXXIV: Application and interpretation
(1) This Part applies when a compromise or arrangement is proposed—(a) between a company and its creditors, or any class of its creditors; or (b) between the company and its members, or any class of its creditors. (2) This Part has effect subject to Part XXXV if that Part applies. (3) In this Part,…
Section 923 of The Companies Act No. 17 of 2015: Court may order meeting of company’s creditors or members to be held
(1) The Court may, on an application under subsection (2), order a meeting of—(a) the creditors or class of creditors; or (b) the members of the company or a class of members, to be convened in such manner as the Court directs. (2) An application under this section may be made by—(a) the company; (b…
Section 924 of The Companies Act No. 17 of 2015: Explanatory statement setting out effect of arrangement or compromise to be circulated or made available to company's creditors and members of company
(1) When the Court has ordered a meeting to be convened under section 923,the company concerned shall ensure that— (a) each notice convening the meeting that is sent to a creditor or member includes or is accompanied by a statement that complies with subsection (2); and (b) each notice convening the…
Section 925 of The Companies Act No. 17 of 2015: Duty of directors and trustees to provide information
(1) Each director of the company, and each trustee for its debenture holders,shall give notice to the company of such matters relating to the director or trustee as may be necessary for purposes of section 924. (2) A director, or a trustee for debenture holders, who fails to comply with subsection (…
Section 926 of The Companies Act No. 17 of 2015: Court order sanctioning compromise or arrangement
(1) If a majority in number representing seventy–five percent in value of—(a) the creditors or class of creditors; or (b) the members or class of members, present and voting either in person or by proxy at the meeting convened in accordance with section 923 agrees to a compromise or arrangement, the…
Section 927 of The Companies Act No. 17 of 2015: Powers of the Court to facilitate reconstruction or amalgamation
(1) In this section— property" includes property, rights and powers of every description; “liabilities" includes duties; “transferee company" means a company to which the whole or a part of the undertaking or property of a company is to be transferred under a compromise or arrangement referred to in…
Section 928 of The Companies Act No. 17 of 2015: Copy of order to be lodged with the Registrar for registration
(1) Within seven days after the Court has made an order under section 927,each company affected by the order shall lodge a copy of it with the Registrar for registration. (2) If one of the companies affected by the order has complied with subsection(1), the other companies affected by it are taken t…
Section 929 of The Companies Act No. 17 of 2015: Obligations of company with respect to its constitution
(1) This section applies— (a) to any order under section 926; and (b) to any order under section 927 that alters the company’s constitution. (2) If an order to which this section applies amends— (a) a company's articles; or (b) any resolution or agreement affecting a company's constitution, the comp…
Section 930 of The Companies Act No. 17 of 2015: Interpretation: Part XXXV
(1) In this Part— “companies involved in the division", in relation to a division, means the transferor company and any existing transferee companies; “division" means a scheme of the kind described in section 938; “existing company", in relation to a merger or division, means a company other than o…
Section 931 of The Companies Act No. 17 of 2015: Application of this Part
(1) The Part applies when— (a) a compromise or arrangement is proposed between a public company and— (i) its creditors or a specified class of them; or (ii) its members or a specified class of them, for the purposes of, or in connection with, a scheme for the reconstruction of a company or companies…
Section 932 of The Companies Act No. 17 of 2015: Relationship of this Part to Part XXXIV
(1) The Court may sanction the compromise or arrangement under Part XXXIVonly if the relevant requirements of this Part have been complied with. (2) The requirements applicable to mergers are specified in sections 933 to943, but certain of those requirements, and certain general requirements of Part…
Section 933 of The Companies Act No. 17 of 2015: Introductory: mergers and merging companies
(1) A scheme involves a merger if under the scheme— (a) the undertaking, property and liabilities of one or more public companies (including the company in respect of which the compromise or arrangement is proposed) are to be transferred to another existing public company; or (b) the undertaking, pr…