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Section 992 of The Companies Act No. 17 of 2015: 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 on such a business without having a local representative, the Registrar may send to the company a letter to that effect and stating that, if no answer showing cause to the contrary is received within six weeks from the date of the letter, a notice will be published in the Gazette with a view to striking the foreign company's name off the Foreign Companies Register.
(2) Unless the Registrar receives, within six weeks after the date of the letter, an answer to the effect that the foreign company is still carrying on business in Kenya, or has appointed a local representative, the Registrar may publish in the Gazette, and send to the company, a notice that, at the end of three months after the date of the notice, the foreign company's name will, unless cause to the contrary is shown, be struck off the Foreign Companies Register.
(3) At the end of the period specified in a notice sent under subsection (2),the Registrar may, unless cause to the contrary has been shown, strike the foreign company's name off the register and, if the Registrar does so, the Registrar shall publish in the Gazette notice of the striking off.
(4) Nothing in subsection (3) or section 991 affects the power of the Court to liquidate a registered foreign company whose name has been struck off the Foreign Companies Register.
(5) On being struck off the Foreign Companies Register in accordance withsubsection (3), the foreign company ceases to be registered under this Part.
(6) If a foreign company's name is struck off the Foreign Companies Register in accordance with this Division, an obligation to lodge a document that this Act imposed on the company as a result of having done an act or thing, or the occurrence of an event, at or before the time of the cancellation (being an obligation not fulfilled at or before that time) continues to apply in relation to the company even if the period prescribed for lodging the document has not ended at or before that time.

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

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