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Companies Act

1007. Power to make regulations about where certain company records can be kept

Edition: 2024-12-27 · In force

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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 be so kept in compliance with that provision.
(2)For the purposes of subsection (1), the company records to which this section applies are the following:
(a)the company's register of members;
(b)the company's register of directors;
(c)the company's records relating to its directors' service contracts;
(d)the company's records relating to directors' indemnities;
(e)the company's register of secretaries;
(f)the records of resolutions passed by the company;
(g)in the case of a private company — the company's contracts relating to purchase of its own shares out of capital and documents relating to redemption or purchase of own shares out of capital;
(h)the company's register of debenture holders;
(i)in the case of a public company—
(i)reports made by the company to members regarding the outcome of investigations by the company into interests in its shares; and
(ii)the company's register of interests disclosed;
(j)documents creating charges over the company's property and its register of charges and security rights.
(3)The regulations referred to in subsection (1) may specify a place by reference to—
(a)the company's principal place of business;
(b)the place at which the company keeps any other records available for inspection; or
(c)any other criterion.
(4)Those regulations may provide that a company does not comply with a provision relating to the keeping of records to which this section applies by keeping those records at a place specified in the regulations unless the conditions (if any) specified in the regulations are satisfied.
(5)Those regulations—
(a)need not specify a place in relation to each kind of company records; and
(b)may specify more than one place in relation to a kind of company records.
(6)A requirement under a provision of the regulations requiring a company to keep company records available for inspection is not complied with by keeping them available for inspection at a place specified in the regulations unless all the company’s records subject to the requirement are kept there.
[Act No. 13 of 2017, Sch.]
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Source: Kenya Law