Section 199 of The Companies Act No. 17 of 2015: Right of member to inspect and request copy of qualifying indemnity provision

    

(1) This section applies to a company that is required to keep available for inspection a copy of a qualifying indemnity provision or memorandum in accordance with section 198.
(2) A company to which this section applies shall, on being requested to do so by a member of the company, allow the member to inspect a copy of the qualifying indemnity provision or memorandum without charge.
(3) A company to which this section applies shall, within seven days after being requested to do so by a member of the company, provide the member with a copy of the qualifying indemnity provision or the memorandum, subject to payment of the prescribed fee (if any).
(4) If a company fails to comply with subsection (1) or (2), the company, and every 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.
(5) If, after a company or any of its officers is convicted of an offence under subsection (4), the company continues to fail to comply with the relevant request, 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.
(6) If a company refuses to allow an inspection as requested under subsection(2), or to provide a copy of a qualifying indemnity provision or memorandum as requested under subsection (3), the Court may, on the application of a person affected by the refusal, make an order compelling the company to allow an immediate inspection of the copy or memorandum, or to provide that person with a copy of it.


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

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