Section 130 of The Companies Act No. 17 of 2015: Direction requiring company to make appointment
(1) On forming the opinion that a company is in breach of section 128 or 129,the Registrar may give the company a direction in accordance with subsection (2). (2) A direction is in accordance with this subsection if it specifies—
(a) the statutory requirement of which the company appears to be in breach;
(b) the action that the company is required to take in order to comply with the direction;
(c) the period within which the company is required to comply with the direction; and
(d) the consequences of the company failing to comply with the direction.
(3) The period referred to in subsection (2)(c) may not be shorter than one month, or longer than three months, after the date on which the direction is given.
(4) A company that is in breach of section 128 or 129 shall comply with the direction given by the Registrar is by—
(a) making the necessary appointment or appointments; and
(b) giving notice of the appointment under section 138, before the end of the period specified in the direction.
(5) If the company has already made the necessary appointment or appointments, it shall comply with the direction by giving notice of the appointment under section 138 before the end of the period specified in the direction.
(6) If a company fails to comply with a direction given under 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.
(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 fifty thousand shillings for each such offence.
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