Section 973 of The Companies Act No. 17 of 2015: Interpretation: Part XXXVII
In this Part—
“officer", in relation to a registered foreign company, includes a local representative of the company;
“prescribed” means prescribed by the foreign companies regulations;
“registered foreign company” means a foreign company registered in accordance with this Part.
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- Section 974 - When foreign company may carry on business in Kenya.
(1) A foreign company shall not carry on business in Kenya unless—
(a) it is registered under this Part; or
(b) it has applied to be so registered and the application has not been dealt with within...
- Section 975 - Application for registration of foreign companies
(1) Subject to this Part, a foreign company that wishes to be registered as a foreign company shall lodge with the Registrar an application that is in accordance with this Division.
(2) The Registrar...
- Section 976 - Requirements with respect to names of foreign companies
(1) In its application under section 975, a foreign company shall include particulars of the name under which it seeks to carry on business in Kenya.
(2) The name of such a company can be—
(a) the...
- Section 977 - Foreign company can be registered under alternative name under which it will carry on business in Kenya
(1) A foreign company that wishes to be registered under this Part may, at any time, lodge with the Registrar for registration a statement specifying a name, other than its corporate name, under which...
- Section 978 - Registrar to issue certificate of compliance on change of name of registered foreign company
(1) On registering a change in a registered foreign company’s name, theRegistrar shall issue to the company a certificate, under the Registrar’s common seal and in the prescribed form, certifying the...
- Section 979 - Foreign company required to have local representative
(1) The Registrar may not register a foreign company under this Part unless the company has at least one local representative in relation to whom the foreign company has complied with the prescribed...
- Section 980 - Appointment and termination of appointment of local representation
(1) Within one month after a registered foreign company has appointed a person as a local representative of the company in Kenya, the company shall lodge with the Registrar for registration a notice...
- Section 981 - Liability of local representative
(1) A local representative of a registered foreign company—
(a) is answerable for the doing of all acts, matters and things that the company is required by or under this Act to do; and
(b) is...
- Section 982 - Particulars of places of businesses of registered foreign companies to be notified to Registrar
(1) A registered foreign company shall not carry on business at a place in Kenya unless the company has lodged with the Registrar for registration a notice containing the prescribed particulars of...
- Section 983 - Registered foreign company to have registered office
(1) A registered foreign company shall establish and maintain a registered office in Kenya to which all communications and notices may be addressed.
(2) The company shall ensure—
(a) that its...
- Section 984 - Registered foreign company to display its name at office and places of business
(1) A registered foreign company shall paint or affix and keep painted or affixed, in a conspicuous position and in letters easily legible, on the outside of every office and place (including its...
- Section 985 - Registered foreign company to state its name and other information in documents and communications relating to its business in Kenya
(1) A registered foreign company shall—
(a) state its name and other specified information in prescribed classes of documents and communications relating to its business in Kenya; and
(b) provide...
- Section 986 - Registered foreign company to give notice of certain changes relating to its constitution, directors and business in Kenya
(1) A registered foreign company shall, within one month after a change occurs in—
(a) its constitution or any other document lodged in relation to the company;
(b) its directors;
(c) the powers of...
- Section 987 - Copies of registered foreign company’s financial statements and other documents to be lodged with Registrar
(1) Subject to this section, a registered foreign company shall, at least once in every calendar year and at intervals of not more than fifteen months, lodge a copy of its financial statement made up...
- Section 988 - Provision for registration of charges over Kenyan property of foreign company
(1) The foreign companies regulations may provide for the registration ofspecified charges over property in Kenya of a registered foreign company.
(2) Those regulations may provide for—
(a) the...
- Section 989 - Registered foreign company to lodge certain returns with Registrar
(1) A registered foreign company shall, as and when required to do so by theRegistrar, provide the Registrar with such returns, containing such information, relating to the company as the Registrar...
- Section 990 - Natural person’s residential address to be protected from disclosure
If a provision of this Part, or of the foreign companies regulations, requires a registered foreign company to register particulars of a natural person’s usual residential address, the provision is...
- Section 991 - Local representative of registered foreign company to notify Registrar of certain events affecting the company
(1) Within one month after a registered foreign company has ceased to carryon business in Kenya, each person who, on the day when the company’s business in Kenya ceased, was a local representative of...
- Section 992 - Power of Registrar to strike registered foreign company's name from Register of Foreign Companies in certain circumstances
(1) On forming a reasonable belief that a registered foreign company—
(a) is not carrying on business in Kenya (otherwise than as a result of a notice lodged under section 991); or
(b) is carrying...
- Section 993 - Restoration of foreign company to Foreign Companies Register in certain circumstances
(1) If the Registrar is satisfied that a foreign company’s name was struck off the Foreign Companies Register as a result of an error on the Registrar’s part, the Registrar may restore the foreign...
- Section 994 - Registrar to keep Foreign Companies Register
(1) The Registrar shall establish and maintain a register, called the Foreign Companies Register.
(2) The Registrar shall enter in the Foreign Companies Register the names and prescribed particulars...
- Section 995 - Power of Cabinet Secretary to make foreign companies regulations
(1) The Cabinet Secretary may make regulations (called foreign companies regulations) prescribing matters—
(a) required or permitted by this Part to be prescribed by regulations; or
(b) necessary or...
- Section 996 - Liability of officers who are in default
(1) If a provision of this Act provides that an officer of a company who is in default commits an offence, the officer commits the offence only if the officer—
(a) authorises or...
- Section 997 - Application of section 996 to bodies other than companies
(1) Deleted by Act No. 28 of 2017, s. 55(b).
(2) In its application to a body corporate other than a company, section 996 is to be read as if—
(a) the reference to a director of the company...
- Section 998 - Proceedings against unincorporated bodies
(1) Proceedings for an offence under this Act alleged to have been committed by an unincorporated body may be brought only in the name of the body (and not in that of any of its members).
(2) For the...
- Section 999 - Legal professional privilege
A person who is prosecuted for an offence under this Act is not obliged to disclose any information that the person is entitled to refuse to disclose because the information is protected by legal...
- Section 1000 - Production and inspection of documents if offence suspected
(1) An application for an order under subsection (2) may be made to the Court by the Attorney General, the Director of Public Prosecutions or the Inspector General of Police.
(2) If, on the hearing...
- Section 1001 - Power to enter and search of premises under warrant
(1) A Court or magistrate may issue a warrant under this section if satisfied on information on oath given by or on behalf of the Attorney General, or by a person appointed or authorised to exercise...
- Section 1002 - Offence of fraudulent trading
(1) If a business of a company is carried on with intent to defraud creditorsof the company or creditors of any other person, or for any fraudulent purpose, each person who knowingly participates in...
- Section 1003 - Power of the Court to prohibit payment or transfer of money, financial products or other property
(1) In this section—
“aggrieved person” means a person who claims that a relevant person is liable, or may be or may become liable, to pay money to the first-mentioned person (whether in respect of a...
- Section 1004 - Power of the Court to grant injunctions in certain cases
(1) The Attorney General or a person who claims to have been, to be or to be about to be adversely affected—
(a) by the past or continuing conduct of, or by a threat to engage in conduct made by, a...
- Section 1005 - Power of a court to grant relief in certain cases
(1) If, in proceedings for negligence, default, breach of duty or breach of trust against a person who—
(a) is an officer of a company; or
(b) is employed by a company as auditor (whether or not the...
- Section 1006 - Form of company records
(1) A company can—
(a) keep its records in hard copy or electronic form; and
(b) arrange them in such manner as the directors of the company consider to be appropriate for the efficient operation of...
- Section 1007 - Power to make regulations about where certain company records can be kept
(1) The regulations may specify places other than a company’s registered office at which records of the company that are required to be kept available for inspection under a provision of this Act may...
- Section 1008 - Power to make regulations about the inspection of records and the provision of copies
(1) The regulations may prescribe the obligations of a company that is required by a provision of this Act—
(a) to keep available for inspection any specified company records; or (b) to provide...
- Section 1009 - Duty of company to take precautions against falsification of its records
(1) A company that keeps its records shall ensure that adequate precautions are taken—
(a) to guard against falsification of those records; and
(b) to facilitate the discovery of any falsification...
- Section 1010 - Service of documents on companies
(1) A document may be served on a company registered under this Act by leaving it at, or sending it by post to, the company’s registered office.
(2) A document may be served on a registered foreign...
- Section 1011 - Service of documents on directors, secretaries and others
(1) A document may be served on a person to whom this section applies by leaving it at, sending it by post to, the person’s registered address.
(2) This section applies to the following...
- Section 1012 - Requirement for service addresses
(1) In this Act, a person’s service address is an address at which documentsrequired or permitted to be served on the person under this Act may be effectively served on the person under this Act may...
- Section 1013 - Companies Communications Regulations
(1) The Cabinet Secretary shall make regulations (to be called the Companies Communication Regulations) that are to have effect for the purposes of all provision of this Act and of any cognate Act...
- Section 1014 - Right to require company to provide hard copy version of company document or information
(1) A member of a company, or a holder of a company’s debentures, who has received a document information from the company otherwise than in hard copy form is entitled to require the company to send...
- Section 1015 - Requirements for authentication of documents and information
(1) A document or information sent or supplied to a company in hard copy formis sufficiently authenticated if it is signed by the person sending or supplying it.
(2) A document or information sent or...
- Section 1016 - When documents and information are taken to have been sent or supplied by company
(1) This section applies in relation to documents and information sent or supplied by a company.
(2) If—
(a) a document or information is sent by post (whether in hard copy or electronic form) to an...
- Section 1017 - Part XLI: Application and interpretation of valuation requirements
(1) Sections 1018 to 1021 apply to the valuation and report required by sections73, 368 and 374.
(2) A person is a qualified valuer for the purposes of this Part and the sectionsreferred in...
- Section 1018 - Valuation to be carried out only by qualified valuer
(1) Except as provided by subsection (2), a valuation and report made for the purpose of sections 73, 368 or 374 can be made only by a qualified valuer.
(2) If it appears to the valuer to be...
- Section 1019 - Valuer to satisfy independence requirement
(1) A person satisfies the independence requirement for the purposes of section
1017 only if—
(a) the person is not—
(i) an officer or employee of the company; or
(ii) a partner or employee of...
- Section 1020 - Meaning of “associate” for purposes of section 1034
(1) This section defines “associate” for the purposes of section 1019.
(2) In relation to a natural person, "associate" means—
(a) that person's spouse or minor child or step-child; (b) any body...
- Section 1021 - Valuer entitled to full disclosure
(1) A person who is carrying out a valuation or making a report with respect to consideration proposed to be accepted or given by a company is entitled to require from the officers of the company such...
- Section 1022 - Power of Cabinet Secretary to make regulations for purposes of this Act
(1) The Cabinet Secretary may make general companies regulations prescribing matters—
(a) required or permitted by this Act to be prescribed by regulations; or
(b) necessary or convenient to be...
- Section 1023 - Repeals and revocation
(1) The provisions of the Companies Act are repealed on such date or such different dates as the Cabinet Secretary may appoint by notice published in the Gazette.
(2) When bringing provisions of this...