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<\/a>CHAPTER 212 [SUBSIDIARY LEGISLATION]\n<\/p>\n INDEX TO SUBSIDIARY LEGISLATION\n<\/p>\n NOTICES\n<\/p>\n The Appointment of Senior Assistant Registrar and Assistant Registrars (Registrar-General’s Office) Notice<\/a>\n<\/p>\n<\/p>\n ORDERS\n<\/p>\n The Authorised Investments Order<\/a>\n<\/p>\n<\/p>\n REGULATIONS\n<\/p>\n The Companies (Regulation of Dividends and Surpluses) Regulations<\/a>\n<\/p>\n<\/p>\n RULES\n<\/p>\n The Companies (Winding Up Fees) Rules<\/a>\n<\/p>\n The Companies (Forms) Rules<\/a>\n<\/p>\n<\/p>\n NOTICES\n<\/p>\n <\/a>THE APPOINTMENT OF SENIOR ASSISTANT<\/b> REGISTRAR AND ASSISTANT REGISTRARS (REGISTRAR-GENERAL’S OFFICE) NOTICE<\/b><\/a>\n<\/p>\n G.N. No. 276 of 1960\n<\/p>\n 1.<\/b> With effect from the 1st day of July, 1960, the Senior Assistant Registrar and every Assistant Registrar in the office of the Registrar-General is hereby appointed to be–\n<\/p>\n (a) an Assistant Registrar-General of Births and Deaths under section 5 of the Births and Deaths Registration Act;\n<\/p>\n (b) a Deputy Registrar under section 3 of the Business Names (Registration) Act;\n<\/p>\n (c) an Assistant Registrar under–\n<\/p>\n (i) section 3 of the Registration of Documents Act;\n<\/p>\n (ii) section 3 of the Chattels Transfer Act;\n<\/p>\n (iii) section 292 of the Companies Act;\n<\/p>\n (iv) section 2 of the Patents (Registration) Act;\n<\/p>\n (v) section 4 of the Land Registration Act;\n<\/p>\n (vi) section 4 of the Trade Unions Act;\n<\/p>\n (vii) section 3 of the Trade and Service Marks Act.\n<\/p>\n 2.<\/b> [Cancels all previous appointments with effect from 1st July, 1960.]\n<\/p>\n ORDERS\n<\/p>\n <\/a>THE AUTHORISED INVESTMENTS ORDER<\/a>\n<\/p>\n G.Ns. Nos. 1.<\/b> This Order may be cited as the Authorised Investments Order function a1(msg) { myWindow=window.open(”,”,’width=183,height=63,left=400 ,scrollbars=1,top=400,screenX=400,screenY=100′);myWindow.document.write(msg);}*<\/a>.\n<\/p>\n 2.<\/b> In this Order, unless the context requires otherwise–\n<\/p>\n “Act”<\/b> means the Companies Act function a2(msg) { myWindow=window.open(”,”,’width=117,height=60,left=400 ,scrollbars=1,top=400,screenX=400,screenY=100′);myWindow.document.write(msg);}*<\/a>;\n<\/p>\n “ancillary fixed assets”<\/b> means office equipment, saloon cars and office, commercial and residential buildings and fittings therefor;\n<\/p>\n “investment in a company or public corporation”<\/b> does not include trade credit given to a company or a public corporation in the ordinary course of business;\n<\/p>\n “productive fixed assets”<\/b> means plant, machinery, equipment and industrial, hotel and warehouse premises and fittings therefor, but does not include office equipment, household furnishings or saloon cars.\n<\/p>\n 3.<\/b> Investments specified in the Schedule hereto are hereby declared to be authorised investments for the purposes of the investment of the profits of a specified company.\n<\/p>\n SCHEDULE (Paragraph 3)\n<\/p>\n (1) Net investment in current assets including stocks of raw materials, work in progress, finished goods, stores, spares and trade receivables:\n<\/p>\n Provided that–\n<\/p>\n (a) the amount so invested shall not exceed one million shillings or ten per centum<\/i> of the net current assets at the close of the immediately preceding financial year, whichever is the lesser sum;\n<\/p>\n (b) any such investment shall cease to be an authorised investment if the Treasury Registrar, within thirty days of the receipt of the audited accounts of the company in respect of the fiscal year in which such investment was made and submitted to the Treasury Registrar in accordance with the regulations made under section 371 certifies in writing that such investment shall be deemed not to be an authorised investment;\n<\/p>\n (c) the Treasury Registrar may at any time after receipt by him of the cash flow budget and investment plans in respect of any financial year submitted to him under the Act (but before dividends in respect of such financial year are declared by the company), by certificate under his hand authorise in relation to the company in respect of such financial year an authorised investment in current assets of a sum of money larger than the sum of money which, but for such certificate, could lawfully be treated as an authorised investment in current assets.\n<\/p>\n (2) Productive fixed assets:\n<\/p>\n Provided that–\n<\/p>\n (a) the amount so invested shall not exceed one million shillings or ten per centum<\/i> of the productive fixed assets at the close of the immediately preceding financial year, whichever is the lesser sum;\n<\/p>\n (b) any such investment shall cease to be an authorised investment if the Treasury Registrar, within thirty days of the receipt of the audited accounts of the company in respect of the financial year in which such investment was made and submitted to the Treasury Registrar, in accordance with the Regulations made under section 371, certifies in writing that such investment shall be deemed not to be an authorised investment;\n<\/p>\n (c) the Treasury Registrar may at any time after receipt by him of the cash flow budget and investment plans in respect of any financial year submitted to him under the Act (but before dividends in respect of such financial year are declared by the company), by certificate under his hand authorise in relation to the company in respect of such financial year an authorised investment in current assets of a sum of money larger than the sum of money which, but for such certificate, could lawfully be treated as an authorised investment in productive fixed assets.\n<\/p>\n (3) Ancillary fixed assets:\n<\/p>\n Provided that–\n<\/p>\n (a) the amount so invested shall not exceed fifty thousand shillings or ten per centum<\/i> of the ancillary fixed assets at the close of the immediately preceding financial year, whichever is the lesser sum;\n<\/p>\n (b) any such investment shall cease to be an authorised investment if the Treasury Registrar, within thirty days of the receipt of the audited accounts of the company in respect of the financial year in which such investment was made and submitted to the Treasury Registrar, in accordance with the Regulations made under section 371 certifies in writing such investment shall be deemed not to be an authorised investment;\n<\/p>\n (c) the Treasury Registrar may at any time after receipt by him of the cash flow budget and investment plans in respect of any financial year submitted to him under the Act (but before dividends in respect of such financial year are declared by the company), by certificate under his hand authorise in relation to the company in respect of such financial year an authorised investment in current assets of a sum of money larger than the sum of money which, but for such certificate, could lawfully be treated as an authorised investment in ancillary fixed assets.\n<\/p>\n (4) Any investment in a company or public corporation which the Treasury Registrar may by writing under his hand certify to be an authorised investment.\n<\/p>\n REGULATIONS\n<\/p>\n <\/a>THE COMPANIES (REGULATION OF DIVIDENDS<\/b> AND SURPLUSES) REGULATIONS<\/b><\/a>\n<\/p>\n G.N. No. 159 of 1972\n<\/p>\n 1. Citation\n<\/p>\n These Regulations may be cited as the Companies (Regulation of Dividends and Surpluses) Regulations.\n<\/p>\n 2. Interpretation\n<\/p>\n In these Regulations, unless the context otherwise requires–\n<\/p>\n “Act”<\/b> means the Companies Act function a3(msg) { myWindow=window.open(”,”,’width=117,height=63,left=400 ,scrollbars=1,top=400,screenX=400,screenY=100′);myWindow.document.write(msg);}*<\/a>;\n<\/p>\n “specified parastatal”<\/b> includes a corporation specified in Part II of the Tenth Schedule to the Act.\n<\/p>\n PART I (regs 3-7)\n<\/p>\n 3. <\/b>Application to specified parastatals\n<\/p>\n This Part shall apply to all specified parastatals.\n<\/p>\n 4. Submission of accounts upon being specified\n<\/p>\n Every specified parastatal shall, within ninety days of the effective date, submit to the Treasury Registrar –\n<\/p>\n (a) a copy of the duly audited balance sheet in respect of the financial year (hereinafter referred to as “the relevant financial year”) which was the last financial year preceding the effective date in respect of which such duly audited balance sheet exists;\n<\/p>\n (b) copies of duly audited balance sheets in respect of the two financial years immediately preceding the relevant financial year;\n<\/p>\n (c) copies of duly audited profit and loss accounts for the relevant financial year and the two financial years immediately preceding the relevant financial year;\n<\/p>\n (d) copies of the income tax returns made by the company pursuant to the provisions of the Income Tax Act function a4(msg) { myWindow=window.open(”,”,’width=117,height=59,left=400 ,scrollbars=1,top=400,screenX=400,screenY=100′);myWindow.document.write(msg);}* <\/a>for–\n<\/p>\n (i) the last financial year preceding the effective date in respect of which such return was made; and\n<\/p>\n (ii) the two financial years immediately preceding the financial year referred to in subparagraph (i);\n<\/p>\n (e) particulars of any additional assessments raised under the Income Tax Act in respect of any of the financial years to which paragraph (a) applies or any subsequent financial year;\n<\/p>\n (f) provisional balance sheets and profit and loss accounts for the financial years subsequent to the relevant financial year and preceding the financial year in which the effective date occurs;\n<\/p>\n (g) estimated cash flows and profits and losses for the financial year in which the effective date occurs;\n<\/p>\n (h) investment plans for the financial year in which the effective date occurs and the two financial years immediately succeeding such financial year.\n<\/p>\n 5. Submission of annual accounts, etc.\n<\/p>\n (1) Every specified parastatal shall, within one hundred and eighty days of the close of every financial year submit to the Treasury Registrar–\n<\/p>\n (a) copies of the duly audited balance sheet and profit and loss accounts in respect of such financial year;\n<\/p>\n (b) a copy of the income tax returns made by the company in respect of such financial year;\n<\/p>\n (c) particulars of additional assessment raised under the Income Tax Act in respect of any of the financial years to which paragraph (a) of regulation 4 applies or any subsequent financial years, where such particulars were not previously furnished to the Treasury Registrar;\n<\/p>\n (d) a detailed analysis of the use of cash flow during such financial year showing in particular–\n<\/p>\n (i) the amount paid, declared or set aside for payment of dividends;\n<\/p>\n (ii) the amount utilised for the reduction of any loan, whether by overdraft or otherwise, advanced to the company by the National Bank of Commerce;\n<\/p>\n
COMPANIES ACT\n<\/p>\n
24 of 1972
159 of 1972\n<\/p>\n
AUTHORISED INVESTMENTS\n<\/p>\n