Section 831 of The Companies Act No. 17 of 2015: Registrar and Deputy and Assistant Registrars of Companies
(1) There is established the Office of the Registrar of Companies.
(2) If the office of Registrar becomes vacant, the Cabinet Secretary shall appoint a suitably qualified person to fill the vacancy.
(3) The Cabinet Secretary may appoint such number of Deputy Registrars of Companies and Assistant Registrars of Companies as may be necessary to assist the Registrar in the performance and exercise of the Registrar's functions and powers under this Act.
(4) A person is suitably qualified for appointment as Registrar, Deputy Registrar or Assistant Registrar if the person is of good character and holds such qualifications (if any) as are prescribed by the regulations for the purposes of this section.
(5) Subject to the control of the Registrar, a Deputy Registrar or Assistant Registrar has and may perform the functions, and exercise the powers, of the Registrar under this Act.
(6) The fact that a person holding office as Deputy Registrar or Assistant Registrar performs those functions or exercises those powers is, until the contrary is proved, evidence of the person's authority to do so.
(7) The person holding office as Registrar of Companies under the repealed Act, immediately before the commencement of this section, continues to hold office, and is taken to have been appointed, as Registrar of Companies for the purposes of this Act.
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- Section 832 - Register of Companies and functions of Registrar
(1) The Register of Companies referred to in section 3 of the repealed Act is continued.
(2) The Registrar continues to be responsible for keeping the Register of Companies.
(3) The Register...
- Section 833 - Registrar’s official seal
The Registrar is required to have an official seal for the authentication of documents in connection with the performance of the Registrar’s functions.
- Section 834 - Fees payable to Registrar
(1) The regulations may require the payment to the Registrar of fees in respect of—
(a) the performance of any of the Registrar's functions; or
(b) the provision by the Registrar of services or...
- Section 835 - Registrar to give public notice of issue of certificate of incorporation
(1) The Registrar shall publish in the Gazette or in accordance with section 875, notice of the issue by the Registrar of every certificate of incorporation issued to a company on its incorporation or...
- Section 836 - Right to obtain certificate of incorporation
(1) The Registrar shall, if requested to do so by a person and on paymentof the prescribed fee (if any), provide the person with a copy of a certificate of incorporation of any specified...
- Section 837 - Registrar to allocate number to each company
(1) The Registrar shall allocate to every company a registered number, to becalled the company’s registered number that complies with subsection (2).
(2) A company's registered number complies with...
- Section 838 - Registrar to allocate unique number to each foreign company registered under this Act
(1) The Registrar shall allocate to every foreign company registered under thisAct a unique number, to be called the company's registered number.
(2) The Registrar shall ensure that the number...
- Section 839 - Power of Registrar to impose requirements with respect to lodgement of documents
(1) The Registrar shall specify the form, authentication and manner of lodgement of documents required or permitted to be lodged with the Registrar for registration under this or any other...
- Section 840 - Regulations may require documents to be lodged by electronic means
(1) The regulations may require documents, or documents of a specified class,that are required to be lodged with the Registrar for registration to be lodged by electronic means.
(2) A requirement to...
- Section 841 - Agreement for lodgement of documents by electronic means
(1) The Registrar may enter into a written agreement with a company providingfor documents relating to the company that are required or permitted to be lodged with the Registrar for...
- Section 842 - Document not lodged for purposes of this Act until received by Registrar
(1) A document is not lodged with the Registrar for registration until theRegistrar or a member of the Registrar's staff actually receives it.
(2) The Registrar's Rules may make specific provision as...
- Section 843 - Requirements for proper lodgement
(1) A document lodged with the Registrar for registration is not properly lodged for the purposes of this Act unless the following requirements are satisfied— (a) requirements imposed under section...
- Section 844 - Powers of Registrar to correct documents in certain cases
(1) A document that is lodged with the Registrar for registration may be corrected by the Registrar if it appears to the Registrar to be incomplete or internally inconsistent.
(2) The power of the...
- Section 845 - Power of Registrar to accept replacement for document previously lodged
(1) The Registrar may accept a replacement for a document previously lodged that did not comply with the requirements for proper lodgement.
(2) The Registrar may accept a replacement document only if...
- Section 846 - Power of Registrar to exclude unnecessary information
(1) For the purpose of this section, information is unnecessary if it—
(a) is not required in order to comply with an obligation imposed by or under this or any other Act; and
(b) is not...
- Section 847 - Registrar's notice to remedy defective lodgement
(1) This section applies if a document lodged with the Registrar for registration
—
(a) does not meet the requirements for proper lodgement; and
(b) is not corrected under section 844, or replaced...
- Section 848 - Annotation of the Register
(1) The Registrar shall note in the Register-
(a) the date on which a document is lodged with the Registrar for registration;
(b) if a document is corrected under section 844 — the nature and date...
- Section 849 - Allocation of unique identifiers for purpose of identifying directors and certain other persons
(1) The regulations may provide for the use, in connection with the Register, of reference numbers or unique identifiers to identify each person who—
(a) is a director of a company;
(b) is...
- Section 850 - Preservation of original documents
(1) Subject to section 854(3), the Registrar shall keep the originals of documents lodged with the Registrar in hard copy form for not less than three years after they are lodged.
(2) After the end...
- Section 851 - Power of Registrar to destroy records of dissolved company after lapse of two years
(1) At any time after the expiry of two years from the date on which—
(a) a company has been dissolved; or
(b) a foreign company has ceased to be registered as such in Kenya, the Registrar may...
- Section 852 - Right of members of public to inspect Register
(1) Every member of the public has the right to inspect the Register.
(2) The right of inspection extends to the originals of documents lodged withthe Registrar in hard copy form if, and only if, the...
- Section 853 - Right of members of public to be provided with copies of records kept by Registrar
(1) Any member of the public may apply to the Registrar for a copy of anyrecord that forms part of the Register or the Foreign Companies Register.
(2) On receiving such an application, the Registrar...
- Section 854 - Certain records not to be made available for public inspection
(1) The Registrar may not make available for public inspection—
(a) the contents of a document sent to the Registrar containing views expressed in accordance with section 51;
(b) protected...
- Section 855 - Registrar can be required to make address unavailable for public inspection
(1) The Registrar is, on an application made in accordance with the regulations referred to in subsection (2), required to make an address on the Register unavailable for public inspection.
(2) The...
- Section 856 - Form of application for inspection or copy
The Registrar may specify the form and manner in which application is to be made for—
(a) an inspection under section 852; or (b) a copy under section 853.
- Section 857 - Form and manner in which copies to be provided
The Registrar may determine the form and manner in which copies are to be provided under section 854.
- Section 858 - Certification of copies of records by Registrar
(1) The Registrar shall certify copies of records provided in hard copy formunder section 854 as true copies unless the applicant dispenses with the need for certification.
(2) The Registrar may not...
- Section 859 - Issue of legal process for production of records kept by the Registrar
(1) Any legal process compelling the Registrar to produce a record kept by theRegistrar may issue from a court only with the permission of the Court.
(2) Such a process is of no effect unless it...
- Section 860 - Registrar’s notice to resolve inconsistency on the Register
(1) If it appears to the Registrar that the information contained in a document lodged with the Registrar for registration is inconsistent with an existing entry in the Register, the Registrar may...
- Section 861 - Administrative removal of information from the Register
(1) The Registrar may remove from the Register any entry that there was power to make, but no duty.
(2) This power is exercisable, in particular, so as to remove—
(a) information derived from a...
- Section 862 - Rectification of Register on application to Registrar
(1) On receiving an application made in accordance with this section, the Registrar shall remove from the Register an entry relating to a company that the Registrar is satisfied is of a kind...
- Section 863 - Rectification of the Register under Court order
(1) The Registrar shall remove from the Register any entry—
(a) that derives from anything that the Court has declared to be invalid or ineffective, or to have been done without the authority of the...
- Section 864 - Powers of Court on ordering removal of entry from the Register
(1) If the Court makes an order for the removal of an entry from the Registerunder section 863, it may also give any of the following directions:
(a) that any note on the Register that is related to...
- Section 865 - Documents to be prepared and lodged in the English language
Subject to section 866, the Registrar may refuse to accept any document lodged with, or delivered, sent or submitted to the Registrar in a language other than English.
- Section 866 - Documents that may be prepared and lodged in other languages
(1) Documents to which this section applies may be drawn up and lodged withthe Registrar in a language other than English, but only if they are accompanied by a certified translation in...
- Section 867 - Voluntary lodgement of translations
(1) A company may lodge with the Registrar for registration one or more certified translations of any document relating to the company that is or has been lodged with the Registrar.
(2) The...
- Section 868 - Certified translations
(1) In this Part, a “certified translation” means a translation certified as prescribed by the regulations for the purposes of this section to be a correct translation.
(2) In the case of any...
- Section 869 - Transliteration of names and addresses: permitted characters
(1) The Registrar may decline to accept for lodgement documents that containnames and addresses unless those names and address comprise only letters, characters and symbols, including accents and...
- Section 870 - Transliteration of names and addresses: voluntary translation into Roman characters
(1) If a name or address is or has been lodged with the Registrar in a permitted form using other than Roman characters, the company may lodge with the Registrar for registration a translation into...
- Section 871 - Translation of names and addresses: certification
(1) The regulations may require the certification of transliterations and prescribe the form of certification.
(2) Different provision may be made for compulsory and voluntary translations.
- Section 872 - Offence to lodge false or misleading documents or to make false or misleading statements to Registrar
A person who—
(a) lodges or causes to be lodged with the Registrar for registration a document containing information; or
(b) makes to the Registrar a statement for any purpose that the person...
- Section 873 - Enforcement of company’s lodgement obligations
(1) This section applies if a company has not complied with an obligation imposed by this Act—
(a) to lodge a document to the Registrar; or
(b) to give notice to the Registrar of any...
- Section 874 - Supplementary provisions relating to electronic communications
(1) The Registrar may require a company to give any necessary consents tothe use of electronic means for communications by the Registrar to the company as a condition of making use of any facility to...
- Section 875 - Provision for publishing notices by alternative means
(1) A notice that would otherwise require to be published by the Registrar in the Gazette may instead be published by such other means as the Registrar from time to time selects from the alternative...
- Section 876 - Registrar’s power to make Rules
(1) The Registrar may make rules (called the Registrar’s Rules) about anymatter in respect of which the Registrar may make provision, or impose a requirement, under a function or power imposed or...
- Section 877 - Interpretation: Part XXXII
(1) For purposes of this Part, “charge” includes a mortgage.
(2) For the purposes of this Part, it is immaterial where land that is subject toa charge is located.
- Section 878 - Charges created by a company
(1) A company that creates a charge to which this section applies shall, before the deadline for registration, lodge with the Registrar for registration the particulars of the charge prescribed by the...
- Section 879 - Charges existing on property acquired
(1) This section applies to a company that acquires property already subject to a charge of a kind that would, if it had been created by the company after the acquisition of the property, have been...
- Section 880 - Lodgement for registration of charge in series of debentures
(1) If a series of debentures containing, or given by reference to another document, any charge to the benefit of which the debenture holders of that series are entitled equally among themselves is...
- Section 881 - Additional registration requirement for commission, allowance or discount in relation to debentures
(1) If any commission, allowance or discount has been paid or made (either directly or indirectly) by a company to a person as consideration for—
(a) subscribing or agreeing to subscribe (whether...