Section 647 of The Companies Act No. 17 of 2015: Information about related undertakings to be provided in notes tofinancial statements

    

(1) The regulations may require information about related undertakings to be provided in notes to a company’s annual financial statement.
(2) Those regulations—
(a) may make different provision according to whether or not the company prepares a group financial statement; and
(b) may specify the descriptions of undertaking in relation to which they apply, and make different provision in relation to different descriptions of related undertaking.
(3) The regulations may also provide that information need not be disclosed with respect to an undertaking that—
(a) is established under the law of a country outside Kenya; or
(b) carries on business outside Kenya, if the relevant conditions are satisfied.
(4) The relevant conditions are—
(a) that in the opinion of the directors of the company the disclosure would detrimentally affect the business of—
(i) that undertaking;
(ii) the company;
(iii) any of the company's subsidiary undertakings; or
(iv) any other undertaking that is included in the consolidation; and
(b) that the Cabinet Secretary agrees that the information need not be disclosed.
(5) If a company takes advantage of the exemption, the directors of the company shall state that fact in a note to the company's annual financial statement.
(6) If the directors of a company fail to comply with subsection (5), each director of the company who is in default commits an offence and on conviction is liable to a fine not exceeding five hundred thousand shillings.


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

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