ADVOKS GLOBAL · KENYA
Companies Act
781. Application to Court by Attorney-General for order under section 783
Edition: 2024-12-27 · In force
781. Application to Court by Attorney-General for order under section 783
(1)This section applies to a company in respect of which—(a)the Attorney-General has received an inspector's report under Part XXX;(b)the Attorney-General has exercised the powers under section 1000 or 1001;(c)the Capital Markets Authority or an officer authorised by it has exercised a power conferred by section 13 or 13A of the Capital Markets Act (Cap. 485A) to obtain information or to carry out an inquiry; or(d)the Capital Markets Authority has received a report from an officer authorised to carry out an inquiry under section 13A of that Act.(2)The Attorney-General may make an application for an order under section 782 if satisfied—(a)that the affairs of a company to which this section applies are being, or have been, conducted in a manner that is oppressive or is unfairly prejudicial to the interests of its members generally or to a section of its members; or(b)that an actual or proposed act or omission of such a company (including an act or omission on its behalf) is or would be oppressive or so prejudicial.(3)The Attorney-General may make such an application in addition to, or instead of, making an application for the liquidation of the company.