- Section 884 of The Companies Act No. 17 of 2015: 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 Registrar shall record in the register the required particulars specified in section 880(2).
(3) In...
- Section 885 of The Companies Act No. 17 of 2015: 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 from the day on which the document by which the charge is created or evidenced, or a copy of it,...
- Section 886 of The Companies Act No. 17 of 2015: 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 an administrator under powers contained in a document, shall, within seven days after obtaining the...
- Section 887 of The Companies Act No. 17 of 2015: Registrar to record memorandum of satisfaction or release
(1) If a statement is lodged with the Registrar verifying with respect to a registered charge that the debt for which the charge was given has been wholly or partly paid or satisfied, the Registrar shall record in the register of charges relating to the company concerned a memorandum of satisfaction...
- Section 888 of The Companies Act No. 17 of 2015: Rectification of register of charges
(1) A company or interested person who claims that a failure to register a charge before the deadline for registration, or an omission or misstatement of a particular with respect to any such charge or in a memorandum of satisfaction or release—
(a) was accidental or due to inadvertence or to some...
- Section 889 of The Companies Act No. 17 of 2015: 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 —
(a) a liquidator of the company;
(b) an administrator of the company; and
(c) a creditor of the...
- Section 890 of The Companies Act No. 17 of 2015: 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 Act.
(2) In the case of a series of uniform debentures, subsection (1) is compliedwith if the...
- Section 891 of The Companies Act No. 17 of 2015: 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 floating charges on the whole or part of the property or undertaking of the company.
(2) The company...
- 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...
- Section 893 of The Companies Act No. 17 of 2015: Interpretation: Part XXXIII
In this Part, “creditor” includes a contingent or prospective creditor.
- Section 894 of The Companies Act No. 17 of 2015: Power of Registrar to strike off company not carrying on business or in operation
(1) If the Registrar reasonable believes that a company is not carrying on business or is not in operation, the Registrar may send to the company by post a letter inquiring whether the company is carrying on business or is in operation.
(2) If the Registrar does not within one month after sending...
- Section 895 of The Companies Act No. 17 of 2015: 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) the returns required to be made by the liquidator in respect of the company have not been made for...
- Section 896 of The Companies Act No. 17 of 2015: Supplementary provisions as to service of letter or notice
(1) A letter or notice to be sent to a company under section 894 or 895 may be addressed to the company at the registered office of the company or, if no office has been registered, to the care of an officer of the company.
(2) If there is no officer of the company whose name and address are known...
- Section 897 of The Companies Act No. 17 of 2015: Striking off company on company’s application
(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 directors or by a majority of them; and
(b) contains such information (if any) as is prescribed by the...
- Section 898 of The Companies Act No. 17 of 2015: 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 business;
(c) made a disposal for value of property that, immediately before ceasing to carry on...
- Section 899 of The Companies Act No. 17 of 2015: 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 behalf of the company for the sanctioning of a compromise or arrangement and the matter has not been...
- Section 900 of The Companies Act No. 17 of 2015: 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 to every person who at any time on that day is—
(a) a member of the company;
(b) an employee of the...
- Section 901 of The Companies Act No. 17 of 2015: 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, means the period beginning on the day after the day on which an application for striking off the company...
- Section 902 of The Companies Act No. 17 of 2015: 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 by post at that address.
(2) For the purposes of subsection (1), the proper address of a person...
- Section 903 of The Companies Act No. 17 of 2015: 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 the company's name;
(b) engaging in trading or otherwise carrying on business;
(c) the disposal by...
- Section 904 of The Companies Act No. 17 of 2015: When withdrawal of application takes effect
An application under section 897 is withdrawn when a notice of withdrawal is lodged with the Registrar.
- Section 905 of The Companies Act No. 17 of 2015: Property of dissolved company to vest in the State
(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 this section, property of the former company includes leasehold property and all other rights vested...
- Section 906 of The Companies Act No. 17 of 2015: Disclaimer of property vesting in the State
(1) The Attorney General may, by notice of disclaimer, disclaim the State’s ownership of property that has vested in the State under section 905.
(2) The Attorney General may, on behalf of the State, waive the right to execute a notice of disclaimer, either expressly or by taking possession or...
- Section 907 of The Companies Act No. 17 of 2015: Effect of State disclaimer
(1) Property in respect of which a notice of disclaimer has been executed undersection 906 is taken never to have vested in the State.
(2) Sections 908 to 911 apply in relation to the effect of the State's disclaimer
- Section 908 of The Companies Act No. 17 of 2015: 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 not, except so far as is necessary for the purpose of releasing the company from any liability,...
- Section 909 of The Companies Act No. 17 of 2015: Disclaimer of leaseholds
(1) The disclaimer of any property of a leasehold character does not take effect unless a copy of the disclaimer has been served, so far as the Attorney General is aware of their addresses, on all persons claiming under the company as mortgagees, and either—
(a) no application under section 910 is...
- Section 910 of The Companies Act No. 17 of 2015: Power of Court to make vesting order
(1) On an application made by a person who—(a) claims an interest in the disclaimed property; or
(b) is under a liability in respect of the disclaimed property that is not discharged by the disclaimer, the Court may make an order under this section in respect of the property.
(2) An order under...
- Section 911 of The Companies Act No. 17 of 2015: Protection of persons holding under a lease
(1) The Court may not make an order under section 911 vesting an interest under a lease in a person claiming under the company as a mortgagee or under lessee except on terms making that person—
(a) subject to the same liabilities and obligations as those to which the company was subject under the...
- Section 912 of The Companies Act No. 17 of 2015: Application for administrative restoration to the Register
(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 made whether or not the company has in consequence been dissolved;
(b) be made only by a former...
- Section 913 of The Companies Act No. 17 of 2015: Requirements for administrative restoration
(1) On an application made under section 912, the Registrar shall restore the company to the Register if (but only if) the three conditions set out in subsections (2) to (4) are satisfied.
(2) The first condition is that the company was carrying on business or in operation at the time of its...