ADVOKS GLOBAL · KENYA
Companies Act
575. Offence to refuse inspection of register of debenture holders or to fail to provide copy
Edition: 2024-12-27 · In force
575. Offence to refuse inspection of register of debenture holders or to fail to provide copy
(1)If a company—(a)without reasonable excuse—(i)refuses an inspection requested under section 574(2);(ii)fails to comply with a request made under section 574(3); or(b)contravenes section 574(6), 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 five hundred thousand shillings.(2)If, after a company or any of its officers is convicted of an offence under subsection (1) in relation to refusing an inspection requested under section 574(2) or failing to comply with a request made under section 574(3), the company continues without reasonable excuse to fail to comply with the relevant request, the company, and each officer of the company who is in default, commit an offence on each day on which the failure continues and on conviction are each liable to a fine not exceeding fifty thousand shillings for each such offence.(3)In proceedings against a company or an officer of the company for an offence under subsection (1), the court may, in addition to, or instead of, convicting the company or officer of the offence, make an order—(a)compelling the company to allow an immediate inspection of the company's register of debenture holders; or(b)directing the company to immediately provide the person who made the request with a copy of the register or of the part of it that was requested.(4)For the purposes of this section, a company has a reasonable excuse for refusing an inspection of its register of debenture holders, or for not complying with a person's request for a copy of the register or of a part of it, if it satisfies the relevant court that the person seeking to inspect the register was doing so for an improper purpose, or in the case of a failure to comply with such a request, that person has not tendered the prescribed fee.