ADVOKS GLOBAL · KENYA
Companies Act
929. Obligations of company with respect to its constitution
Edition: 2024-12-27 · In force
929. Obligations of company with respect to its constitution
(1)This section applies—(b)to any order under section 927 that alters the company’s constitution.(2)If an order to which this section applies amends—(a)a company's articles; or(b)any resolution or agreement affecting a company's constitution, the company shall attach to a copy of the company's articles, or the resolution or agreement, as amended, a copy of the order lodged with the Registrar by the company in accordance with section 926(4) or section 928.(3)The company shall attach to every copy of its articles issued by it after the order is made a copy of the order, unless the effect of the order has been incorporated into the articles by amendment.(4)In this section—(a)a reference to the effect of the order includes the effect of the compromise or arrangement to which the order relates; and(b)in the case of a company not having articles, references to its articles are to be read as references to the company's constitution.(5)If a company fails to comply with this section, 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 one hundred thousand shillings.(6)If, after a company or officer has been convicted of an offence under subsection (5), the company continues to fail to comply with the relevant requirement of this section, the company, and each officer of the company who is in fault, commit a further offence on each day on which the failure continues and on conviction are each liable to a fine not exceeding ten thousand shillings for each such offence.