Section 574 of The Companies Act No. 17 of 2015: Rights of debenture holders and others to inspect and obtain copies of register of debenture holders
(1) A company that is required to keep a register of debenture holders shall, except when it is duly closed, ensure that the register is, during ordinary office hours, kept available for inspection—
(a) by a member of the company or a holder of the company's debentures, without charge; and
(b) by any other person on payment of the prescribed fee (if any).
(2) Any person may request a company that is required to keep a register of debenture holders to provide the person with a copy of the register on payment of the fee (if any) prescribed by the regulations.
(3) Within seven days after receiving a request that complies with subsection(4), the company shall provide the person making request with a copy of its register of debenture holders, or a specified part of it, on payment of such fee (if any) as may be prescribed by the regulations.
(4) A request complies with this subsection if it states—
(a) in the case of a natural person, the person's name and address;
(b) in the case of a body corporate, the name and address of a natural person responsible for making the request on behalf of the body;
(c) the purpose for which the copy of the register is to be used; and
(d) whether that copy' or any information in it will be disclosed to any other person, and if so—
(i) if that other person is a natural person, that person's name and address;
(ii) if that person is an organisation, the name and address of the natural person responsible for receiving the information on its behalf; and
(iii) the purpose for which the copy or information is to be used by that other person.
(5) For the purposes of this section, a register is duly closed if it is closed inaccordance with a provision contained—
(a) in the company's articles or in the debentures;
(b) in the case of debenture stock, in the stock certificates; or
(c) in the trust deed or other document securing the debentures or debenture stock.
(6) A company shall not keep its register of debenture holders closed for morethan thirty days in a year.
(7) A reference in this section to a register of debenture holders includes aduplicate—
(a) of a register of debenture holders that is kept outside Kenya; or (b) of any part of such a register.
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- Section 575 - Offence to refuse inspection of register of debenture holders or to fail to provide copy
(1) If a company—
(a) without reasonable excuse—
(i) refuses an inspection requested under section 574(2);
(ii) fails to comply with a request made under section 574(3); or
(b) contravenes section...
- Section 576 - Register of debenture holders: offences in connection with request for or disclosure of information
(1) A person who makes a request under section 574 (2) knowing that therequest contains information that is false or misleading in a material respect commits an offence.
(2) A person who is in...
- Section 577 - Time limit for claims arising from entry in register of debenture holders
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- Section 578 - Right of debenture holder to obtain copy of trust deed securing debentures
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- Section 579 - Provisions protecting trustees of deed securing debentures to be void
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