ADVOKS GLOBAL · KENYA
Companies Act
70. Conversion of private company to public company
Edition: 2024-12-27 · In force
70. Conversion of private company to public company
(1)A private company, whether limited or unlimited, can convert itself into a public company limited by shares if (but only if)—(a)it passes a special resolution to that effect;(b)the conditions specified in subsection (2) are satisfied; and(c)an application for registration of the conversion is lodged with the Registrar in accordance with section 74, together with the documents required by that section.(2)The conditions are—(a)that the company has a share capital;(b)that the requirements of section 71 are satisfied as regards its share capital;(c)that the requirements of section 72 are satisfied as regards its net assets;(d)if section 73 applies, that the requirements of that section are satisfied;(e)that the company has not previously been converted itself into an unlimited company;(f)that the company has made such changes to its name and to its articles as are necessary in order for it to become a public company; and(g)if the company is unlimited, that it has also made such changes to its articles as are necessary in order for it to become a company limited by shares.