Section 863 of The Companies Act No. 17 of 2015: 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 company; or
(b) that the Court has declared to be factually inaccurate; or to be derived from something that is factually inaccurate or is forged, and that the Court has directed to be removed from the Register.
(2) The Court shall specify in the order the entry that is to be removed from the Register and indicate where in the Register it is to be found.
(3) The Court may not make an order for the removal from the Register of any entry the registration of which had legal consequences as mentioned in section 861(3) unless it is satisfied—
(a) that the presence of the entry in the Register has caused, or may cause, damage to the company concerned; and
(b) that the company's interest in removing the entry outweighs the interest (if any) of other persons in the continued appearance of the entry in the Register.
(4) If, in such a case, the Court makes an order for removal, it may make such consequential orders as appear just with respect to the legal effect (if any) to be accorded to the entry because it has appeared in the Register.
(5) The Court shall ensure that a copy of its order is sent to the Registrar for registration.
(6) This section does not apply in respect of an entry in the Register if the Court has other specific powers under this Act to deal with the matter.
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(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:
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(2) The...
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(2) In the case of any...
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(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...
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(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.
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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...
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(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
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- Section 876 - Registrar’s power to make Rules
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(a) subscribing or agreeing to subscribe (whether...
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(b) if the charge is created outside Kenya — twenty-one days...
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(1) A holder of a floating charge on a company's property or undertaking who
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(b) appoints such...
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- Section 888 - Rectification of register of charges
(1) A company or interested person who claims that a failure to register a charge before the deadline for registration, or an omission or misstatement of a particular with respect to any such charge...
- Section 889 - Consequences of failure to register charges created by a company
(1) If a company creates a charge or a security right, the charge (in so far asany security on the property or undertaking of the company is conferred by it) or a security right is void against...
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(1) A company shall keep a copy of every document creating —(a) a charge that is required to be registered under this Part; and
(b) a security right created under the Movable Property Security Rights...
- Section 891 - Company’s register of charges
(1) A limited company shall keep a register of charges and security agreements and record in it—
(a) all charges and security rights specifically affecting property of the company; and
(b) all...
- Section 892 - Right of creditors, members and others to inspect documents that create company's charges and to inspect company's register of charges
(1) This section applies to—
(a) documents required to be kept under section 890; and
(b) a limited company's register of charges kept in accordance with section 891.
(2) Except in so far as the...
- Section 893 - Interpretation: Part XXXIII
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(1) If, in the case of a company that is in liquidation—(a) the Registrar reasonably believes—
(i) that the affairs of the company are fully wound up; or
(ii) that no liquidator is acting; and
(b)...
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(2) Such an application is effective only if it—
(a) is made on behalf of the company by its...
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(a) changed its name;
(b) carried on...
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“relevant period", in relation to a company,...
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(1) For the purposes of sections 900 and 901, a document is given to a person
if it is—
(a) delivered to the person personally; (b) left at the person's proper address; or
(c) sent to the person...
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(1) In this section—
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(a) the making of a change to...
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(2) For the purposes of...
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(2) The Attorney General may, on behalf of the State,...
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(2) Sections 908 to 911 apply in relation to the effect of the...
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(b) does...
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(b) is under a liability in respect of the disclaimed property that is not discharged by the...
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(1) An application may be made to the Registrar to restore to the Register acompany that has been struck off the Register under section 894 or 897.
(2) An application under this section may—
(a) be...
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(1) On an application made under section 912, the Registrar shall restore the company to the Register if (but only if) the three conditions set out in subsections (2) to (4) are satisfied.
(2) The...