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Registered Office Clause:
Section 5(1) (b) provides that the memorandum of association shall state that "the registered office of the company is to be situate in Kenya". The situation of the registered office in Kenya fixes the company's nationality as Kenyan and its domicile as Kenya, though not its residence. Residence is decided by ascertaining where the company's centre of management and control is. Thus a company may be resident in a number of countries where it has several centres of control in different countries. The residence of a company is important in connection with its liability to pay Kenya taxation.
Personal rights invaded: A shareholder may sue to protect from invasion their own individual rights as members. This is illustrated by Pender v Lushington
Significance of Registration: S.389 provides that "no company or association or may partnership consisting of more than twenty persons shall be formed... except it i
Defining phoenix activity in legislation Some stakeholders noted that defining phoenix activity in legislation could be beneficial if the definition was appropriate and it was
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Compensation for Loss of Office: (a) Section 192 makes it unlawful for a company to make a director any payment by way of compensation for loss of office, or may as considera
Contractual Capacity of Drunken Persons Whether a person purported to enter with a contract at a time at what time he was too drunk to understand then what he was doing and th
Q. Pooling of assets and liabilities? In 2004 the Corporations and Markets Advisory Committee proposed that assets and liabilities of companies be aggregated and creditors paid
Change of Name: A company's name may be changed voluntarily or compulsorily (a) Voluntary Change A company's name may be changed voluntarily: i. Under s.2.1 if a sp
Reports and balance sheets: The reports and balance sheets for the years ending June 30, 1925, and, June 30, 1926, were signed by two directors. The reports annexed to these
Indicators of phoenix activity Stakeholders noted that there are a range of 'signals' or 'indicators' that phoenix activity may be about to occur. These generally occur before t
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