ADVOKS GLOBAL · KENYA
The Companies (General) Regulations
51. Additional statement to be lodged with Registrar in relation to persons disqualified from being directors
Edition: 2022-12-31 · In force
51. Additional statement to be lodged with Registrar in relation to persons disqualified from being directors
(1)If the statement of proposed officers lodged with the Registrar under section 16 of the Act relates (wholly or partly) to a person who is a person subject to a disqualification order or a disqualification undertaking disqualifying the person from being a director or secretary of a company, the applicant for registration of the company shall attach to, or enclose with, the statement an additional statement giving such information about that person as referred to in section 230(2) of the Act.(2)If the statement or notice lodged by a company with the Registrar under section 138 or 249 of the Act relates (wholly or partly) to a person who is a person subject to a disqualification order or disqualification undertaking from being a director or secretary of a company, the company shall attach to, or enclose with, the statement or notice an additional statement giving the information about that person as referred to in section 230(2) of the Act.(3)If a person who applies for registration of a company fails to comply with paragraph (2), the person commits an offence and on conviction is liable to a fine not exceeding two hundred thousand shillings.(4)If, after a person is convicted of an offence under paragraph (3), the person continues to fail to comply with the relevant requirement, the person commits a further offence on each day on which the failure continues and on conviction is liable to a fine not exceeding twenty thousand shillings for each such offence.(5)If a company fails to comply with paragraph (2), the company, and each officer of the company who is in default, commit an offence and on conviction are each liable to a fine not exceeding two hundred thousand shillings.(6)If, after a company or any of its officers is convicted of an offence under paragraph (3), the company continues to fail to comply with the relevant requirement, the company, and each officer of the company who is in default, commit a further offence on each day on which the failure continues and on conviction are each liable to a fine not exceeding twenty thousand shillings for each such offence.