Special Resolution of the Board of the Company: A Special resolution, constituted in the prescribed form must be passed by the Board of the company for the affairs of the company to be wound up.
An application in Writing is made to the Registrar of Companies, in the prescribed form, stating the intention of the company to Wind up its affairs. The application shall be accompanied by the Resolution, minutes of the Meeting where the resolution was passed and copies of all outstanding company returns.
Where the Registrar is satisfied with the application. The registrar shall cause the application to be published in the Kenya Gazette for a period of 3 months.
At the pleasure of the Registrar, the company shall be removed from the Register of Companies.
Circumstances when a Company can be liquidated or Deregistered- Companies Insolvency rules in Kenya:
There are three modes of Company Winding Up:
Compulsory winding up by the court.
Voluntary winding up:-
1. Members’ voluntary winding up.
2. Creditors’ voluntary winding up
Winding up under the supervision of the court.
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