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Companies Act

996. Liability of officers who are in default

Edition: 2024-12-27 · In force

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996. Liability of officers who are in default

(1)If a provision of this Act provides that an officer of a company who is in default commits an offence, the officer commits the offence only if the officer—
(a)authorises or permits;
(b)participates in; or
(c)fails to take all reasonable steps to prevent, the contravention of the act or conduct, or the failure to comply with the requirement, that constitutes the offence.
(2)If a company is an officer of another company, the first-mentioned company commits an offence as an officer in default only if at least one of its officers is in default.
(3)If a company that is an officer of another company commits an offence because of subsection (2), the officer in default also commits the offence and is liable to be proceeded against and punished accordingly.
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Source: Kenya Law