Learn how to restore a company struck off from the Register in Kenya. Finesse Registrars Law helps you with full legal restoration, penalty clearance, and compliance.
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- Understanding Company Striking Off
Under the Companies Act, 2015, the Registrar of Companies may strike off a company from the Register if it fails to file annual returns, maintain compliance, or shows no signs of business activity. Once struck off, the company ceases to exist legally its operations, bank accounts, and contracts are frozen.
Legal Consequences of Being Struck Off.
When a company is struck off;
- It loses its legal personality and can not trade, sue, or be sued.
- Company assets risk being transferred to the government as bona vacantia (ownerless property).
- Licences, tenders, and contracts become void or suspended.
- Directors and shareholders may face personal liability.
How to Restore a Struck Off Company in Kenya.
The law allows restoration through the Registrar of Companies under Section 897 of the Companies Act, 2015. Here’s how the process works:
- File a Restoration Application.
A director, shareholder, or creditor applies to the Registrar of Companies explaining why the company should be restored.
- Provide Supporting Documents.
You’ll need to submit:
A formal application letter.
CR12 from the Business Registration Service.
An affidavit detailing reasons for default.
Outstanding annual returns and penalties.
Proof of continued operation or ownership of assets.
- Pay All Pending Fees.
Settle all outstanding annual return penalties and the official restoration fee as required by the Registrar.
- Publication in the Kenya Gazette.
Upon approval, the Registrar issues a Gazette Notice restoring the company’s name to the Register.
- Resume Business Operations.
Once restoration is gazetted, the company regains its full legal capacity to operate, own assets, and engage in transactions.
Why Restoration Should Be Done Promptly.
Delays can lead to:
- Permanent loss of company assets to the state.
- Directors’ exposure to personal legal risks.
- Loss of tenders, contracts, and banking privileges.
Timely restoration protects your company’s legal standing and ensures continuity.
Why Choose Finesse Registrars Law;
At Finesse Registrars Law, we specialize in company compliance and restoration under Kenyan law. Our team ensures:
- Fast and accurate preparation of all restoration documents.
- Negotiation and clearance of penalties.
- Direct handling with the Registrar of Companies for smooth reinstatement.
Compliance Today| Continuity Tomorrow.
📞 Contact Us Today.
+254702343106 +254729071354
✉️ info@finesseregistrarslaw.com | finesseregistrarslaw@gmail.com
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