Browse an Act, find a provision and read each section in context.
Browse Acts ↓(1) This Part applies to a foreign company that is carrying on business, or hasat any time carried on business, in Kenya except provided by subsection (2). (2) Section 787 and section 800 to 811 do not apply to a foreign companyreferred to in subsection (1). (3) The other provisions of this Part app…
(1) If an offence under this Part is committed by a body corporate, each officer of the body who is in default also commits an offence and on conviction is liable to a fine not exceeding that which could be imposed on the body if it had been convicted of the offence. (2) An officer of a body corpora…
(1) The following restrictions apply to securities that are subject to an order made by the Attorney General under section 812 or an order of the Court made under 827— (a) any transfer of the securities or, in the case of unissued shares, any transfer of the right to be issued with them, and any iss…
(1) Subject to the terms of any directions given, or any conditions imposed, under section 812 or 827, a person who— (a) exercises, or purports to exercise, a right to dispose of securities that, to the person's knowledge, are for the time being subject to restrictions imposed by or under this Part…
(1) If an order makes securities of a company subject to the restrictions contained in this Division, any person claiming to be aggrieved by the order may apply to the Court for an order under subsection (2). (2) If, on the hearing of an application made under subsection (1), the Courtis satisfied t…
(1) If securities are sold in accordance with an order of the Court made undersection 828, the seller of the securities shall pay the proceeds of sale (less the costs of the sale) into Court for the benefit of the persons who are beneficially interested in the securities. (2) A person claiming to be…
Except as otherwise expressly provided by this Part, this Part applies in relation to the lodgement of a document with, or the provision of information to, the Registrar in electronic form as it applies in relation to the lodgement of a document or the provision of information in hard copy.
This Part applies to foreign companies except in so far as the context otherwise requires and a reference in this Part to a company includes a foreign company.
(1) There is established the Office of the Registrar of Companies. (2) If the office of Registrar becomes vacant, the Cabinet Secretary shall appoint a suitably qualified person to fill the vacancy. (3) The Cabinet Secretary may appoint such number of Deputy Registrars of Companies and Assistant Reg…
(1) The Register of Companies referred to in section 3 of the repealed Act is continued. (2) The Registrar continues to be responsible for keeping the Register of Companies. (3) The Register comprises— (a) the information relating to companies that is contained in documents lodged or filed with, or…
The Registrar is required to have an official seal for the authentication of documents in connection with the performance of the Registrar’s functions.
(1) The regulations may require the payment to the Registrar of fees in respect of— (a) the performance of any of the Registrar's functions; or (b) the provision by the Registrar of services or facilities for a purpose connected with the performance of any of the Registrar's functions. (2) The matte…
(1) The Registrar shall publish in the Gazette or in accordance with section 875, notice of the issue by the Registrar of every certificate of incorporation issued to a company on its incorporation or on its conversion from one kind of company to another. (2) The Registrar shall include in the notic…
(1) The Registrar shall, if requested to do so by a person and on paymentof the prescribed fee (if any), provide the person with a copy of a certificate of incorporation of any specified company. (2) Before providing the person with the copy, the Registrar shall either sign it or authenticate it wit…
(1) The Registrar shall allocate to every company a registered number, to becalled the company’s registered number that complies with subsection (2). (2) A company's registered number complies with this subsection if it is in aform that consists of one or more sequences of figures or letters, or fig…
(1) The Registrar shall allocate to every foreign company registered under thisAct a unique number, to be called the company's registered number. (2) The Registrar shall ensure that the number allocated to a foreign companyis in a form that consists of one or more sequences of figures or letters, or…
(1) The Registrar shall specify the form, authentication and manner of lodgement of documents required or permitted to be lodged with the Registrar for registration under this or any other Act. (2) In relation to the form of a document, the Registrar may— (a) require the contents of the document to…
(1) The regulations may require documents, or documents of a specified class,that are required to be lodged with the Registrar for registration to be lodged by electronic means. (2) A requirement to lodge documents, or a specified class of documents, by electronic means has effect only if Registrar'…
(1) The Registrar may enter into a written agreement with a company providingfor documents relating to the company that are required or permitted to be lodged with the Registrar for registration— (a) to be lodged by electronic means, except as provided for in the agreement; and (b) conform to such r…
(1) A document is not lodged with the Registrar for registration until theRegistrar or a member of the Registrar's staff actually receives it. (2) The Registrar's Rules may make specific provision as to when a document is to be regarded as having been received by the Registrar for the purposes of th…
(1) A document lodged with the Registrar for registration is not properly lodged for the purposes of this Act unless the following requirements are satisfied— (a) requirements imposed under section 839 with respect to— (i) the contents of the document; and (ii) the form, authentication and manner of…
(1) A document that is lodged with the Registrar for registration may be corrected by the Registrar if it appears to the Registrar to be incomplete or internally inconsistent. (2) The power of the Registrar under subsection (1) may be exercised only—(a) on instructions that comply with subsection(3)…
(1) The Registrar may accept a replacement for a document previously lodged that did not comply with the requirements for proper lodgement. (2) The Registrar may accept a replacement document only if satisfied—(a) that is lodged by— (i) the person by whom the original document was lodged; or (ii) th…
(1) For the purpose of this section, information is unnecessary if it— (a) is not required in order to comply with an obligation imposed by or under this or any other Act; and (b) is not specifically required or authorised to be lodged to the Registrar. (2) For the purpose of subsection (1)(a), an o…
(1) This section applies if a document lodged with the Registrar for registration — (a) does not meet the requirements for proper lodgement; and (b) is not corrected under section 844, or replaced under section 845. (2) The Registrar may give notice— (a) to the person by whom the document was lodged…
(1) The Registrar shall note in the Register- (a) the date on which a document is lodged with the Registrar for registration; (b) if a document is corrected under section 844 — the nature and date of the correction; (c) if a document is replaced (whether or not material derived from it is removed) —…
(1) The regulations may provide for the use, in connection with the Register, of reference numbers or unique identifiers to identify each person who— (a) is a director of a company; (b) is secretary, or a joint secretary, of a public company; or (c) is appointed as an authorised signatory of a compa…
(1) Subject to section 854(3), the Registrar shall keep the originals of documents lodged with the Registrar in hard copy form for not less than three years after they are lodged. (2) After the end of that period, the Registrar may destroy or arrange forthe destruction of those documents, but only i…
(1) At any time after the expiry of two years from the date on which— (a) a company has been dissolved; or (b) a foreign company has ceased to be registered as such in Kenya, the Registrar may arrange for the transfer to the Kenya National Archives and Documentation Service of the records recorded i…
(1) Every member of the public has the right to inspect the Register. (2) The right of inspection extends to the originals of documents lodged withthe Registrar in hard copy form if, and only if, the record kept by the Registrar of the contents of the document is illegible or unavailable. (3) The ri…