ADVOKS GLOBAL · KENYA
Companies Act
418. Expedited procedure for registration of conversion of company into a private company
Edition: 2024-12-27 · In force
418. Expedited procedure for registration of conversion of company into a private company
(1)The Court may authorise a public company to be converted into a private company without its having passed the special resolution required by section 77.(2)If the Court does so, it shall specify in the order the changes to the company's name and articles to be made in connection with the conversion.(3)The company may then lodge with the Registrar an application for the registration of the conversion.(4)The application is to be accompanied by—(a)a copy of the Court's order; and(b)notice of the company's name, and a copy of the company's articles, as altered by the Court's order.(5)On receipt of such an application, the Registrar shall issue a certificate of incorporation stating the company's unique identifying number and that the company is registered as a private company.(6)If the company does not already have a unique identifying number, the Registrar shall allocate such a number to the company.(7)The Registrar shall specify in the certificate of incorporation that the certificate is issued on registration of the conversion and the date on which the certificate is so issued.(8)The Registrar shall sign the certificate of incorporation and authenticate it with the Registrar's official seal.(9)On the issue of the certificate of incorporation—(a)the company becomes a private company; and(b)the changes in the company's name and articles take effect.(10)The certificate of incorporation is conclusive evidence that the requirements of this Act as to registration of the conversion have been complied with.Division 3 — Private companies: reduction of capital supported by solvency statement