Beruflich Dokumente
Kultur Dokumente
[Rev. 2015]
No. 15 of 2015
NO. 15 OF 2015
BUSINESS REGISTRATION SERVICE ACT
ARRANGEMENT OF SECTIONS
PART 1 PRELIMINARY
Section
1.
2.
17.
18.
19.
20.
21.
Registrar-General.
Appointment of Registrar-General.
Removal of Registrar-General.
Appointment of staff.
Delegation powers of Registrar-General.
22.
23.
24.
25.
26.
27.
28.
29.
30.
31.
32.
33.
Annual report.
Offences.
Regulations.
Transfer of staff.
Transfer of assets and liabilities.
Pending proceedings and claims
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NO. 15 OF 2015
BUSINESS REGISTRATION SERVICE ACT
[Date of assent: 11th September, 2015.]
[Date of commencement: 6th November, 2015.]
AN ACT of Parliament to establish the Business Registration Service to
ensure effective administration of the laws relating to the incorporation,
registration, operation and management of companies, partnerships and
firms, and for connected purposes
[L.N. 228/2015]
PART I PRELIMINARY
1. Short title
Act may be cited as the Business Registration Short title and Service Act, 2015.
2. Interpretation
In this Act, unless the context otherwise requires
Board means the Board of Directors established by section 5;
Cabinet Secretary means the Attorney-General;
5;
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(c)
(d)
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(3) The headquarters of the Service shall be in the capital city but the Service
shall establish branches in every County in Kenya to ensure reasonable access
of its services.
4. Functions of the Service.
(1) The Service shall, under the general supervision of the Cabinet Secretary,
be responsible for the implementation of policies, laws and other matters relating to
the registration of companies, partnerships and firms, individuals and corporations
carrying on business under a business name, bankruptcy, societies, hire purchase,
trade unions, chattels transfers, adoptions, coat of arms, books and newspapers,
the National flag, emblems and names.
(2) Notwithstanding the generality of subsection (1), the Service shall
(a) carry out all registrations required under this Act;
(b) maintain registers, data and records on registrations carried out by
the Service;
(c) implement relevant policies and guidelines and provide the Cabinet
Secretary with the necessary information to guide the formulation of
policy and amendment of existing policy and guidelines;
(d) carry out research and disseminate research findings in the
fields covered by the relevant laws through seminars, workshops,
publications or other means and to recommend to the Government
any improvements in the relevant laws;
(e) collaborate with other state agencies for the effective discharge of its
functions;
(f) charge fees for any service performed by the Service; and
(g) perform such other functions as may be necessary under this Act;
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(2) The office of the chairperson or a member shall' become vacant if the holder
(a)
(b)
(c)
(d)
(e)
(f)
(g)
(h)
dies;
is absent from three consecutive meetings of the Board without
reasonable cause;
resigns from office by notice in writing addressed to the Cabinet
Secretary;
is unable to perform the functions of the office arising out of physical
or mental infirmity;
is negligent or incompetent in the performance of his or her functions;
is adjudged or otherwise declared bankrupt under any law in force in
Kenya;
violates Chapter Six of the Constitution; or
is convicted of a criminal offence and sentenced to imprisonment for
a term of not less than six months.
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(d)
(e)
(f)
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(2) The Board shall, through an open, transparent and competitive process,
appoint a suitably qualified person to be the Registrar- General.
(3) The Registrar-General shall hold office for a term of four years and shall be
eligible for re-appointment for one further term.
(4) The Registrar-General shall, in the performance of the functions and duties
of office, be responsible to the Board.
(5) The Registrar-General shall be
(a) the chief executive officer of the Service;
(b) the accounting officer of the Service;
(c) responsible for the
(i) implementation of the decisions of the Board;
(ii) formulation and development of an efficient administration;
(iii) organisation, control and management of the members of staff
of the Service;
(iv) day-to-day administration and management of the affairs of the
Service; and
(v) performance of such other duties as may be assigned by the
Board.
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(c)
(d)
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(2) The Board may place on deposit with such bank or banks as it may
determine, any money not immediately required for the purposes of the Board.
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FIRST SCHEDULE
[Section 9.]
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(9) Unless otherwise provided by or under any law, all instruments made by
and decisions of the Board shall be signified under the hand of the chairperson.
(10) Subject to this Schedule, the Board may determine its own procedure
and the procedure for any committee of the Board and for the attendance of other
persons at its meetings and may make rules in respect thereof.
2. Disclosure of interest.
(1) If a member is directly or indirectly interested in any contract, proposed
contract or other matter before the Board and is present at a meeting of the
Board at which the contract, proposed contract or other matter is the subject
of consideration, that person shall, at the meeting and as soon as reasonably
practicable after the commencement thereof, disclose the fact and shall not take
part in the consideration or discussion of, or vote on, any questions with respect
to the contract or other matter, or be counted in the quorum of the meeting during
consideration of the matter.
(2) A disclosure of interest made under this paragraph shall be recorded in the
minutes of the meeting at which it is made.
3. Contracts.
Any contract or instrument which, if entered into or executed by a person not
being a body corporate, would not require to be under seal, may be entered into or
executed on behalf of the Board by any person generally or specially authorised
by the Board for that purpose.
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