Section 60 of The Companies Act No. 17 of 2015: Power of Registrar to direct company to change its name because of misleading information given for registration of company or because its name gives misleading indication of company’s activities

    

(1) The Registrar may direct a company to change its name if of the opinion—
(a) that misleading information has been given for the purposes of a
company's registration by a particular name and that an undertaking
or assurance has been given for that purpose and has not been
fulfilled; or
(b) that the name by which a company is registered gives an indication of
the nature of its activities that is so misleading as to be likely to cause
harm to the public.
(2) Any such direction is ineffective if it—
(a) is not given within five years after the company's registration by that
name; and
(b) does not specify the period within which the company is to comply
with it.
(3) The Registrar may, by a further direction, extend the period within which the
company is required to change its name, but shall ensure that any such direction
is given before the end of the period for the time being specified.
(4) The company shall comply with the direction within twenty-one days after
the date of the direction or within such extended period as the Registrar may allow.
(5) Subsection (4) does not have effect if the outcome of an application made
to the Court under subsection is pending.
(6) If a company fails to comply with a direction given to it under this section, the
company, and each officer of the company who is in default, commits an offence
and on conviction is liable to a fine not exceeding two hundred thousand shillings.
(7) If, after a company or any of its officers is convicted of an offence under
subsection (6), the company continues to fail to comply with the direction, the
company, and each officer of the company who is in default, commit a further
offence on each day on which the failure continues and on conviction are each
liable to a fine not exceeding twenty thousand shillings for each such offence.


Disclaimer: This document is not to be taken as legal advise.

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