Section 93 of The Companies Act No. 17 of 2015: Company to keep register of members

    

(1) Every company shall keep a register of its members which shall include
information relating to beneficial owners of the company, if any.
(2) A company shall enter in its register of members—
(a) the names and addresses of the members;
(b) the date on which each person was registered as a member; and
(c) deleted by Act No. 12 of 2019, Sch.;
(d) the name and address of the beneficial owners, if any.
(3) If a company has a share capital, the company shall enter in its register of
members, along with the name and address of each member, a statement of—
(a) the shares held by the member, distinguishing each share—
(i) by its number if the share has a number; and
(ii) if the company has more than one class of issued shares, by
its class; and
(b) the amount paid or agreed to be considered as paid on the shares
of the member.
(4) If the shares of a company are held jointly, the company shall ensure that
the name of each joint holder is entered in its register of members.
(5) If a company does not have a share capital but has more than one class
of members, it shall enter in its register of members, along with the names and
address of each member, a statement of the class to which the member belongs.
(6) If a company purchases its own shares in circumstances in which section
526 applies—
(a) the applicable requirements of this section need not be complied
with if the company cancels all of the shares immediately after the
purchase; and
(b) if the company does not cancel all of the shares immediately after the
purchase, any share that is so cancelled is to be disregarded for the
purposes of this section.
(7) Subject to subsection (6), if a company holds shares as treasury shares, the
company shall ensure that it is entered in its register of members as the member
holding those shares.
(8) A company shall lodge with the Registrar a copy of its register of members
within thirty days after completing its preparation.
(9) A company other than a public limited company other than a public listed
company shall lodge with the Registrar a copy of any amendment to its register of
members within fourteen days after making the amendment.
(10) If a company fails to comply with a requirement of this section, the
company, and each officer of the company who is in default, commit an offence
and on conviction are each liable to a fine not exceeding five hundred thousand
shillings.
(11) If, after a company or any of its officers is convicted of an offence
under subsection (10), the company continues to fail to comply with the relevant
requirement, 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 fifty thousand shillings for each
such offence.


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

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