AGADVOKS GLOBALKENYA · ENGLISH
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The Companies (Beneficial Ownership Information) Regulations

13. Disclosure by the company

Edition: 2023-10-19 · In force

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13. Disclosure by the company

(1)A company shall not use or disclose any information about its beneficial owner except—
(a)for communicating with the beneficial owner concerned;
(b)in order to comply with any requirement of these Regulations;
(c)in order to comply with the Proceeds of Crime and Anti-Money Laundering Act (Cap. 59A) and its Regulations;
(d)in order to comply with the Prevention of Terrorism Act (Cap. 59B) and its Regulations; or
(e)in order to comply with a court order.
(2)Notwithstanding subregulation (1), information relating to a beneficial owner may be disclosed by a company —
(a)with written consent of the beneficial owner;
(b)to the procuring entity, where the company participates in public procurement and assets disposal under the Public Procurement and Asset Disposal Act (Cap. 412C);
(c)to the contracting authority, where the company participates in a public private partnership arrangement under the Public Private Partnership Act (Cap. 430);
(d)to financial institutions for the purposes of entering into a relationship with the institution.
[L.N. 32/2022, r. 4, L.N. 162/2023, r. 7.]
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Source: Kenya Law