- Section 854 of The Companies Act No. 17 of 2015: Certain records not to be made available for public inspection
(1) The Registrar may not make available for public inspection—
(a) the contents of a document sent to the Registrar containing views expressed in accordance with section 51;
(b) protected information within section 202(1) or any corresponding provision of the foreign companies regulations;
(c) a...
- Section 855 of The Companies Act No. 17 of 2015: Registrar can be required to make address unavailable for public inspection
(1) The Registrar is, on an application made in accordance with the regulations referred to in subsection (2), required to make an address on the Register unavailable for public inspection.
(2) The regulations may specify—
(a) who may make an application under subsection (1);
(b) the grounds on...
- Section 856 of The Companies Act No. 17 of 2015: Form of application for inspection or copy
The Registrar may specify the form and manner in which application is to be made for—
(a) an inspection under section 852; or (b) a copy under section 853.
- Section 857 of The Companies Act No. 17 of 2015: Form and manner in which copies to be provided
The Registrar may determine the form and manner in which copies are to be provided under section 854.
- Section 858 of The Companies Act No. 17 of 2015: Certification of copies of records by Registrar
(1) The Registrar shall certify copies of records provided in hard copy formunder section 854 as true copies unless the applicant dispenses with the need for certification.
(2) The Registrar may not certify copies of records provided in electronic formunder section 853 as true copies unless the...
- Section 859 of The Companies Act No. 17 of 2015: Issue of legal process for production of records kept by the Registrar
(1) Any legal process compelling the Registrar to produce a record kept by theRegistrar may issue from a court only with the permission of the Court.
(2) Such a process is of no effect unless it states on its face that it is issued with that permission.
- Section 860 of The Companies Act No. 17 of 2015: Registrar’s notice to resolve inconsistency on the Register
(1) If it appears to the Registrar that the information contained in a document lodged with the Registrar for registration is inconsistent with an existing entry in the Register, the Registrar may gave notice to the company concerned—
(a) stating in what respects the information contained in it...
- Section 861 of The Companies Act No. 17 of 2015: Administrative removal of information from the Register
(1) The Registrar may remove from the Register any entry that there was power to make, but no duty.
(2) This power is exercisable, in particular, so as to remove—
(a) information derived from a document that has been replaced under section 845 or 860; or
(b) unnecessary information within the...
- Section 862 of The Companies Act No. 17 of 2015: Rectification of Register on application to Registrar
(1) On receiving an application made in accordance with this section, the Registrar shall remove from the Register an entry relating to a company that the Registrar is satisfied is of a kind that—
(a) derives from anything invalid or ineffective or that was done without the authority of the...
- 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...
- Section 864 of The Companies Act No. 17 of 2015: Powers of Court on ordering removal of entry from the Register
(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:
(a) that any note on the Register that is related to the entry that is the subject of the order is to be removed from the Register;
(b) that the order...
- Section 865 of The Companies Act No. 17 of 2015: Documents to be prepared and lodged in the English language
Subject to section 866, the Registrar may refuse to accept any document lodged with, or delivered, sent or submitted to the Registrar in a language other than English.
- Section 866 of The Companies Act No. 17 of 2015: Documents that may be prepared and lodged in other languages
(1) Documents to which this section applies may be drawn up and lodged withthe Registrar in a language other than English, but only if they are accompanied by a certified translation in English.
(2) This section applies to—
(a) agreements required to be forwarded to the Registrar under Division 2...
- Section 867 of The Companies Act No. 17 of 2015: Voluntary lodgement of translations
(1) A company may lodge with the Registrar for registration one or more certified translations of any document relating to the company that is or has been lodged with the Registrar.
(2) The regulations may specify—
(a) the languages; and
(b) the descriptions of document, in relation to which this...
- Section 868 of The Companies Act No. 17 of 2015: Certified translations
(1) In this Part, a “certified translation” means a translation certified as prescribed by the regulations for the purposes of this section to be a correct translation.
(2) In the case of any discrepancy between the original language version of adocument and a certified translation—
(a) the...
- Section 869 of The Companies Act No. 17 of 2015: Transliteration of names and addresses: permitted characters
(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 other diacritical marks that are permitted.
(2) The regulations may—
(a) specify the letters,...
- Section 870 of The Companies Act No. 17 of 2015: Transliteration of names and addresses: voluntary translation into Roman characters
(1) If a name or address is or has been lodged with the Registrar in a permitted form using other than Roman characters, the company may lodge with the Registrar for registration a translation into Roman characters.
(2) The power of the Registrar to impose requirements as to the form and manner of...
- Section 871 of The Companies Act No. 17 of 2015: Translation of names and addresses: certification
(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.
- Section 872 of The Companies Act No. 17 of 2015: Offence to lodge false or misleading documents or to make false or misleading statements to Registrar
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 knows, or has reason to suspect, is false or misleading in a material respect commits an offence and on...
- 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...
- Section 874 of The Companies Act No. 17 of 2015: Supplementary provisions relating to electronic communications
(1) The Registrar may require a company to give any necessary consents tothe use of electronic means for communications by the Registrar to the company as a condition of making use of any facility to lodge material to the Registrar by electronic means.
(2) A document that is required by or under...
- Section 875 of The Companies Act No. 17 of 2015: Provision for publishing notices by alternative means
(1) A notice that would otherwise require to be published by the Registrar in the Gazette may instead be published by such other means as the Registrar from time to time selects from the alternative means prescribed by the regulations.
(2) The regulations may prescribe alternative means.
(3) In...
- Section 876 of The Companies Act No. 17 of 2015: Registrar’s power to make Rules
(1) The Registrar may make rules (called the Registrar’s Rules) about anymatter in respect of which the Registrar may make provision, or impose a requirement, under a function or power imposed or conferred on the Registrar by or under this or any other Act.
(2) Subsection (1) does not prevent any...
- Section 877 of The Companies Act No. 17 of 2015: Interpretation: Part XXXII
(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.
- Section 878 of The Companies Act No. 17 of 2015: Charges created by a company
(1) A company that creates a charge to which this section applies shall, before the deadline for registration, lodge with the Registrar for registration the particulars of the charge prescribed by the regulations, together with the document (if any) by which the charge is created or...
- Section 879 of The Companies Act No. 17 of 2015: Charges existing on property acquired
(1) This section applies to a company that acquires property already subject to a charge of a kind that would, if it had been created by the company after the acquisition of the property, have been required to be registered under this Part.
(2) A company to which this section applies shall, before...
- Section 880 of The Companies Act No. 17 of 2015: 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 created by a company, section 878(1) with if—
(a) the required particulars; and
(b) the deed...
- Section 881 of The Companies Act No. 17 of 2015: 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 absolutely or conditionally) for debentures in a company; or
(b) procuring or agreeing to procure...
- Section 882 of The Companies Act No. 17 of 2015: 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 debenture stock that is issued by the company, and the payment of which is secured by the charge or...
- Section 883 of The Companies Act No. 17 of 2015: Charges created in, or over property located outside Kenya
(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 or evidenced has the same effect as the lodgement of the document itself.
(2) If a charge is...