ADVOKS GLOBAL · KENYA
Companies Act
138. Duty of company to notify Registrar of changes of directors and directors’ addresses
Edition: 2024-12-27 · In force
138. Duty of company to notify Registrar of changes of directors and directors’ addresses
(1)Within fourteen days after—(a)a person is appointed or ceases to hold appointment as a director of a company; or(b)any change occurs in the particulars contained in a company's register of directors or its register of directors' residential addresses, the company shall give notice to the Registrar of the appointment, cessation of appointment or change of particulars and of the date on which it occurred.(2)The company shall—(a)include in a notice of the appointment of a new director of the company a statement of the particulars of that director that are required to be included in the company's register of directors and its register of directors' residential addresses; and(b)attach to or enclose with the notice a written consent by that director to act in that capacity.(3)If a company fails to comply with subsection (1) or (2), the company, and each officer of the company who is in default, commit an offence and on conviction are each liable to a fine not exceeding two hundred thousand shillings.(4)If, after a company or any of its officers is convicted of an offence under subsection (3), the company continues to fail to comply with the relevant requirement, the company, and each officer of the company who is in default, commit a further offence on each day on which the failure continues and on conviction are each liable to a fine not exceeding twenty thousand shillings for each such offence.