Section 873 of The Companies Act No. 17 of 2015: 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 matter.
(2) The Registrar, or any member or creditor of the company, may give noticeto the company requiring it to comply with the obligation.
(3) If the company fails to comply with the provision within fourteen days afterservice of the notice, the Registrar, or any member or creditor of the company, may apply to the Court for an order directing the company, and any specified officer of the company, to comply within a specified time.
(4) The order of the Court may provide that all costs of or incidental to the application are to be borne by the company or by any officers of it responsible for the default.
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- Section 874 - Supplementary provisions relating to electronic communications
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(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.
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- 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...
- Section 882 - Certificate of registration to be endorsed on debentures
(1) As soon as practicable after receiving a certificate of registration of a charge or a security right, the company shall endorse a copy of the certificate on every debenture or certificate of...
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(1) If a charge is created outside Kenya comprising property located outside Kenya, the lodgement with the Registrar for registration of a verified copy of the document by which the charge is created...
- Section 884 - Registrar to keep register of charges
(1) The Registrar shall keep, with respect to each company, a register of all the charges that are required to be registered under this Part.
(2) If a charge is part of a series of debentures, the...
- Section 885 - Deadline for registering a charge
(1) The deadline for registration of a charge created by a company is—
(a) thirty days from the day on which the charge is created; or
(b) if the charge is created outside Kenya — twenty-one days...
- Section 886 - Holder of floating charge to lodge with Registrar notice of appointment and cessation of appointment of administrator of company
(1) A holder of a floating charge on a company's property or undertaking who
(a) obtains an order of the Court for the appointment of an administrator in respect of the company; or
(b) appoints such...
- Section 887 - Registrar to record memorandum of satisfaction or release
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- Section 888 - Rectification of register of charges
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- 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...
- Section 890 - Companies to keep copies of documents creating charges
(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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- Section 895 - Duty of Registrar to act in case of company that has been liquidated or no liquidator is acting
(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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(1) On application by a company, the Registrar may strike the name of the company off the Register.
(2) Such an application is effective only if it—
(a) is made on behalf of the company by its...
- Section 898 - Circumstances in which application not to be made: activities of company
(1) An application under section 897 may not be made (or, if made, may not be dealt with) if, at any time during the preceding three months, the company has—
(a) changed its name;
(b) carried on...
- Section 899 - Circumstances in which application not to be made: other proceedings not concluded
(1) An application under section 897 on behalf of a company may not be made(or, if made, may not be dealt with) at a time when—
(a) an application to the Court under Part XXXIV has been made on...
- Section 900 - Copy of application to be given to members, employees, etc
(1) A person who makes an application under section 897 on behalf of a company shall ensure that, within seven days after the day on which the application is made, a copy of the application is given...
- Section 901 - Copy of application to be given to new members, employees, etc
(1) In this section—
“company" means a company that has made an application, or in respect of which an application has been made, under section 897;
“relevant period", in relation to a company,...
- Section 902 - Copy of application: provisions as to service of documents
(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...
- Section 903 - Circumstances in which application taken to be withdrawn
(1) In this section—
“company" means a company that has made an application under section 897; “relevant event”, in relation to a company, means an of the following:
(a) the making of a change to...
- Section 904 - When withdrawal of application takes effect
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(1) Property that, immediately before the dissolution of a company had not been distributed or disclaimed, vests in the State with effect from the dissolution of the company.
(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...
- Section 908 - General effect of disclaimer
The State's disclaimer operates—
(a) so as to terminate, as from the date of the disclaimer, the rights, interests and liabilities of the company in respect of the property disclaimed; and
(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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(2) The...
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(1) As soon as practicable after receiving an application for the administrative restoration of a company to the Register, the Registrar shall determine the application and notify the applicant in...
- Section 915 - Effect of administrative restoration
(1) The effect of the restoration of a company to the Register is that the company is taken to have continued in existence as if it had not been dissolved or struck off the Register.
(2) The company...
- Section 916 - Application to Court for restoration to the Register
(1) An application may be made to the Court to restore to the Register a company—
(a) that has been dissolved after being liquidated under the law relating to insolvency;
(b) that is taken to have...
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(1) An application to the Court for restoration of a company to the Register maybe made at any time for the purpose of bringing proceedings against the company for damages for personal injury.
(2) An...
- Section 918 - Decision on application for restoration by the Court
(1) On the hearing of an application made under section 927, the Court may order the company to be restored to the Register—
(a) if the company was struck off the Register under section 894 or 895...
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(1) The effect of an order by the Court for the restoration of the company to the Register is that the company is taken to have continued in existence as if it had not been dissolved or struck off the...
- Section 920 - Company’s name on being restored to the Register
(1) Except as provided by subsection (2), a company is restored to the Register with the name it had before it was dissolved or struck off the Register.
(2) If, at the date of restoration, the...
- Section 921 - Effect of restoration to the Register if property has vested in the State under section 919
(1) The person in whom property is vested by section 905 may dispose of that property, even though the company has been or may be restored to the Register under this Part.
(2) The following...
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(1) This Part applies when a compromise or arrangement is proposed—(a) between a company and its creditors, or any class of its creditors; or (b) between the company and its members, or any class of...
- Section 923 - Court may order meeting of company’s creditors or members to be held
(1) The Court may, on an application under subsection (2), order a meeting of—(a) the creditors or class of creditors; or
(b) the members of the company or a class of members, to be convened in such...