ADVOKS GLOBAL · KENYA
Insolvency Act
691. Enforcement of company's obligations to lodge documents with, or give notice to, the Registrar of Companies
Edition: 2022-12-31 · In force
691. Enforcement of company's obligations to lodge documents with, or give notice to, the Registrar of Companies
(1)If a company has failed to comply with a requirement under this Act—(a)to lodge a document with the Registrar for registration; or(b)to give notice to the Registrar of any matter,the Registrar, or any member or creditor of the company, may give notice to the company requiring it to comply with the requirement.(2)If the company fails to comply with the requirement within fourteen days after service of the notice, the Registrar, or any member or creditor of the company, may apply to the Court for an order under subsection (3).(3)On the hearing of an application made under subsection (2), the Court shall, if satisfied the company has failed to comply with the requirement, make an order directing it do so within such period as is specified in the order.(4)The company is entitled to be served with a copy of the application and to appear and be heard at the hearing of the application as respondent.(5)The Court's order may provide that all costs of or incidental to the application are to be borne by the company or by any of its officers who are responsible for the failure.(6)This section does not affect the operation of any other enactment that provides for penalties to be imposed on a company or its officers for such a failure.