Compulsory change - change of name , Business Law and Ethics

Compulsory Change:

Section 20(2) of the Act provides that within six months of registration with a particular name the registrar may direct a change in name if in his opinion the name is "too like" that of a pre-existing company. In the event of such direction the change shall be made within a period of six weeks from the date of the direction or such longer period as he may think fit to allow. A change of name under this section may be made by ordinary resolution.

Failure to comply with the registrar's directive is an offence punishable by a fine not exceeding one hundred shillings for every day during which the default continues.

After a company changes its name under any of the above provisions it shall give to the registrar notice thereof within fourteen days. Upon receipt of the notice, the registrar shall -

i.        enter the new name on the register in place of the former name;

ii.       issue to the company a certificate of change of name; and

iii.      publish the change of name in the Kenya Gazette.

Where a company changes its name either voluntarily or compulsorily the change will not affect any of its rights or obligations or render defective any legal proceedings by or against it, and any such proceedings may be continued or commenced against it by its new name.

Posted Date: 1/12/2013 2:24:22 AM | Location : United States

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