Section 892 of The Companies Act No. 17 of 2015: 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 regulations otherwise provide, a company shall keep the documents and register to which this section applies open for inspection at the company's registered office.
(3) A company shall keep documents and register to which this section applies open for inspection—
(a) by any creditor or member of the company without charge; and
(b) by any other person on payment of a fee (if any) not exceeding that prescribed by the regulations for the purpose of this section.
(4) If a company—
(a) fails to comply with a requirement of subsection (2) or (3); or
(b) refuses to allow an inspection required under subsection (3), the company, and each officer of the company who is in default, commit an offence and on conviction are each liable to a fine not exceeding two hundred thousand shillings.
(5) If, after the company or any of its officers is convicted of an offence under subsection (4), a company continues—
(a) to fail to comply with the relevant requirement; or
(b) to refuse to allow an inspection required under subsection (3), the company, and each officer of the company who is in default, commit a further offence on each day on which the failure or refusal continues and on conviction are each liable to a fine not exceeding twenty thousand shillings for each such offence.
(6) If a company refuses to allow an inspection required under subsection (3),the Court may, on the application of a person affected by the refusal, make an order compelling the company to allow an immediate inspection.


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

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