ADVOKS GLOBAL · KENYA
The Companies (General) Regulations
13. Consent to registration of a name which is the same as another in the Registrar's index of company names
Edition: 2022-12-31 · In force
13. Consent to registration of a name which is the same as another in the Registrar's index of company names
(1)In this regulation—“existing corporation” means a body corporate whose name already appears in the Registrar's index of company names.(2)For purposes of section 57(2) of the Act, a company (the applicant company) may be registered Act by a proposed name that is the same as, or similar to—(a)the name of an existing company; or(b)a name already reserved for a proposed company that is proposed to be registered,if the conditions specified in paragraph (3) are satisfied.(3)The conditions are as follows:(a)the existing company consents, or the promoters of the proposed company, consent, to the proposed name being the name of the applicant company;(b)the applicant company forms, or is to form, part of the same group as the existing company or the proposed company;(c)the applicant company provides the Registrar with a copy of a statement made by that corporation specifying—(i)the consent of the existing company or the promoters of the proposed company as referred to in subparagraph (a); and(ii)that the applicant company forms, or is to form, part of the same group as the existing company.(4)The Registrar may accept the statement referred to in paragraph (3)(c) as sufficient evidence that the conditions referred to in paragraph (3)(a) and (b) have been satisfied.(5)If the consent referred to in paragraph (3)(a) is given by the existing company or by the promoters of a proposed company, a subsequent withdrawal of the consent does not affect the registration of the applicant company by the proposed same name.