ADVOKS GLOBAL · KENYA
The Companies (General) Regulations
67. When documents and information are taken to have been sent or supplied by company
Edition: 2022-12-31 · In force
67. When documents and information are taken to have been sent or supplied by company
(1)This paragraph applies in relation to documents and information sent or supplied by a company.(2)If—(a)a document or information is sent by post (whether in hard copy or electronic form) to an address in Kenya; and(b)the company is able to establish that it was properly addressed, prepaid and posted,the document or information is taken to have been received by the intended recipient forty-eight hours after it was posted.(3)If—(a)the document or information is sent or supplied by electronic means; and(b)the company is able to show that it was properly addressed,it is taken to have been received by the intended recipient forty-eight hours after it was sent or supplied.(4)If the document or information is sent or supplied by publishing it on a website, it is taken to have been received by the intended recipient—(a)when the material was first made available on the website; or(b)if later, when the recipient received (or is taken to have received) notice that the material was available on the website.(5)In calculating a period of hours for the purposes of this paragraph, any part of a day that is not a working day is to be disregarded.(6)This paragraph has effect subject—(a)in its application to documents or information sent or supplied by a company to its members–to any contrary provision of the company's articles;(b)in its application to documents or information sent or supplied by a company to its debentures holders—to any contrary provision in the document constituting the debentures; and(c)in its application to documents or information sent or supplied by a company to a person otherwise than in the person's capacity as a member or debenture holder—to any contrary provision in an agreement between the company and that person.