Insolvency Act CAP 53▤
Holder of floating charge may appoint administrator
(1) The holder of a qualifying floating charge in respect of a company's property may appoint an administrator of the company. (2)…
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727 results · Insolvency Act CAP 53
Insolvency Act CAP 53▤
Powers of the Court on hearing application for administration order
(1) On hearing an application for an administration order in respect of a company, the Court may— (a) make the administration orde…
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Insolvency Act CAP 53▤
Who may make an application to the Court to for an administration order in respect of company
(1) An application to the Court for an administration order in respect of a company may be made only by the following persons— (a)…
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Insolvency Act CAP 53▤
Conditions for making administration orders
The Court may make an administration order in relation to a company only if satisfied— (a) that the company is or is likely to bec…
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Insolvency Act CAP 53▤
What is an administration order?
An administration order is an order appointing a person as the administrator of a company and providing for the administration of…
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Insolvency Act CAP 53▤
Administrator not to be appointed in respect of banking, finance and insurance companies
(1) A person may not be appointed under this Part as administrator of— (a) a company that is a bank; or (b) a company that enters…
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Insolvency Act CAP 53▤
Administrator not to be appointed if company is in liquidation
(1) A person may not be appointed as administrator of a company that is in liquidation because of— (a) a resolution for voluntary…
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Insolvency Act CAP 53▤
Administrator not to be appointed if company is already under administration
(1) Except as provided by subsection (2), a person may not be appointed as administrator of a company that is already under admini…
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Insolvency Act CAP 53▤
Qualification for appointment of administrators
A person may be appointed as administrator of a company only if the person is an authorised insolvency practitioner.
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Insolvency Act CAP 53▤
Status of administrator
An administrator is an officer of the Court, whether or appointed by the Court or not.
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Insolvency Act CAP 53▤
Duty of administrator
The administrator of a company shall perform the administrator's functions as quickly and efficiently as is reasonably practicable…
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Insolvency Act CAP 53▤
Who can appoint an administrator?
A person may be appointed as administrator of a company— (a) by administration order of the Court in accordance with Division 3; (…
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Insolvency Act CAP 53▤
The objectives of administration
(1) The objectives of the administration of a company are the following— (a) to maintain the company as a going concern; (b) to ac…
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Insolvency Act CAP 53▤
What is administration?
For the purposes of this Act— (a) a company is "under administration" while the appointment of an administrator of the company con…
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Insolvency Act CAP 53▤
Interpretation: Part VIII
In this Part— "administrator", in relation to a company, means a person appointed under this Part to manage the company's affairs…
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Insolvency Act CAP 53▤
Provisions of this Part to be cumulative
(1) The provisions of this Part with respect to unregistered companies are in addition to those of Part VI with respect to the liq…
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Insolvency Act CAP 53▤
Actions stayed on liquidation order
If an order has been made for liquidating an unregistered company, no legal proceedings may be begun or continued against a contri…
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Insolvency Act CAP 53▤
Power of the Court to stay or restrain proceedings
The provisions of this Part with respect to staying or restraining legal proceedings against a company after the making of an appl…
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Insolvency Act CAP 53▤
Contributories in liquidation of unregistered company
(1) If an unregistered company is in liquidation, each person is a contributory who is liable— (a) to pay or contribute to the pay…
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Insolvency Act CAP 53▤
Company incorporated outside Kenya may be liquidated though dissolved
(1) If a company incorporated outside Kenya that has been carrying oh business in Kenya ceases to carry on business there, it can…
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Insolvency Act CAP 53▤
Circumstances in which unregistered company can be liquidated
(1) The circumstances in which an unregistered company can be liquidated are as follows— (a) if the company is dissolved, or has c…
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Insolvency Act CAP 53▤
Liquidation of unregistered companies
(1) Subject to the provisions of this Part— (a) any unregistered company may be liquidated under Pat VI; and (b) the provisions of…
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Insolvency Act CAP 53▤
Meaning of "unregistered company" for purposes of this Part
For the purposes of this Part, "unregistered company" includes any association and any company, other than a company registered un…
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Insolvency Act CAP 53▤
Obligations arising under section 510
(1) For the purpose of an investigation by the Attorney-General under 510(4), a person has the same obligation to produce document…
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