ADVOKS GLOBAL · KENYA
Insolvency Act
6. Qualifications for person to act as insolvency practitioners
Edition: 2022-12-31 · In force
6. Qualifications for person to act as insolvency practitioners
(1)Subject to subsection (2) and (3), a person is qualified to act as an insolvency practitioner only if the person—(a)satisfies the requirements of the insolvency regulations with respect to education, practical training and experience;(b)is a member of a professional body recognised under section 7; and(c)satisfies the requirements (if any) of the rules governing the body.(2)A natural person is disqualified from being or acting as an insolvency practitioner if the person—(a)has been adjudged bankrupt, or the person's estate has been sequestrated and, in either case, the person has not been discharged;(b)is subject to a disqualification order made under the law relating to companies; or(c)is unable to perform the functions of an insolvency practitioner because of physical or mental infirmity.(3)A body corporate is not eligible to be an insolvency practitioner, but this subsection does not extend to an employee of a body corporate.(4)A natural person who, during the two years immediately preceding the commencement of this Part, was carrying on any of the activities referred to in section 4(1) or (2) is, unless disqualified under subsection (2), taken to be qualified to be and to act as an insolvency practitioner on and after that commencement, but ceases to be so qualified unless the person has, within the twelve months after that commencement, complied with the requirements of subsection (1).