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Companies Act

220. Disqualification undertakings

Edition: 2024-12-27 · In force

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220. Disqualification undertakings

(1)In the circumstances specified in section 218, the Attorney-General may accept a disqualification undertaking by any person that, for a period specified in the undertaking, the person—
(a)will not, without the leave of a court of competent jurisdiction—
(i)act or accept an appointment as a director or secretary of a company; or
(ii)in any way (whether directly or indirectly) be concerned in the promotion, formation or management of a company; and
(b)will not act as a liquidator, provisional liquidator or administrator of a company.
(2)The maximum period that may be specified in a disqualification undertaking is fifteen years and the minimum period that may be so specified is two years.
(3)If a disqualification undertaking by a person who is already subject to such an undertaking or to a disqualification order is accepted, the periods specified in those undertakings or the undertaking and the order run concurrently.
(4)In determining whether to accept a disqualification undertaking by any person, the Attorney-General may take account of matters other than criminal convictions even if the person may be criminally liable in respect of those matters.
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Source: Kenya Law