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Companies Act

385. Interpretation: Division 7

Edition: 2024-12-27 · In force

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385. Interpretation: Division 7

(1)In this Division—“arrangement” includes any agreement or scheme, and in particular includes an arrangement approved in accordance with—(a)Part XXXIV; or(b)any provision of laws relating to insolvency prescribed by the regulations for the purposes of this Division;“company", except in relation to an issuing company, includes any kind of body corporate;“equity shares", means shares comprised in a company's equity share capital; and "non-equity shares" means shares (of any class) that are not so comprised;“holding company", in relation to an issuing company, the company of which the issuing company is a subsidiary;“issuing company", means a company that issues shares as referred to in section 387(1);“share premium account", in relation to a company, means the account established by the company under section 386;“transferor company", in relation to an issuing company, means the company whose non-cash assets are transferred to the issuing company as referred to in section 387(1).
(2)In this Division—
(a)a reference (however expressed) to the acquisition by a company of shares in another company includes the acquisition of shares by a nominee of that company;
(b)a reference to the issue or allotment of shares to, or the transfer of shares to or by, a company, includes the issue or allotment or transfer of shares to or by, a nominee of that company; and
(c)a reference to the transfer of shares in a company includes the transfer of a right to be included in the company's register of members in respect of those shares.
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Source: Kenya Law