Explain the remedies that are available to an investor who has been indiced to take shares false statements made in a prospectus ANSWER The remedies available to a subscriber include: • Compensation for any loss or damage occasioned Read More …
Category: CPA Company law revision
CPA Company law revision
In what circumstances may a company accept shares surrendered a member?
In what circumstances may a company accept shares surrendered a member? ANSWER As a general rule, surrender of shares is not authorised law. This is a situation wherea member gives up his shares to the company. It Read More …
Y Ltd whose articles are similar to Table A, publish a weekly magazine. In one issue an article is critical of the policies of the city commission. A number of Commissioners who are also members of the company requisition a general meeting and secure the passing of an ordinary resolution ordering the company to publish in the next issue a withdrawal of the criticism. The directors of the company are adamant. The angry commissioners approach you for the purpose of filing an action to compel the directors to publish a withdrawal.
Y Ltd whose articles are similar to Table A, publish a weekly magazine. In one issue an article is critical of the policies of the city commission. A number of Commissioners who are also members of the company requisition a Read More …
To what extent does the doctrine of constructive notice operate negatively?
To what extent does the doctrine of constructive notice operate negatively? ANSWER This doctrine is to the effect that persons who deal with the company are deemed to know the contents of its public documents, namely memorandum, articles special resolutions Read More …
What courses are open to a secured creditor in liquidation?
What courses are open to a secured creditor in liquidation? ANSWER Course of action open to a secured creditor in liquidation • Value the security and prove the balance, if any. • Sell the security and prove the balance, if Read More …
How does a creditor demonstrate that the company is unable to pay its debts?
How does a creditor demonstrate that the company is unable to pay its debts? ANSWER How the creditor can prove insolvency: • That a debt of KSh.1,000 or more remain unpaid three weeks after demand • Execution or other process Read More …
What are the different types of Liquidation and who may commence proceedings?
What are the different types of Liquidation and who may commence proceedings? ANSWER Types of winding-up i) Compulsory winding up or winding up the court. ii) Winding up subject to the supervision of the court. iii) Voluntary winding up. Read More …
Explain the remedies available to an aggrieved debenture holder
Explain the remedies available to an aggrieved debenture holder ANSWER Remedies available to an aggrieved debenture holder: • Appointment of receiver. • Petition for winding up. • Sue for the debt. • Foreclosure. • Exercise the statutory power of sale.
Green Bank gave a loan of Sh.3,0000,000 to Maendeleo Company Ltd. The bank took a floating charge over all the company’s movable and immovable property. The company has defaulted on repayment of the loan. However, the administrative receiver appointed the bank has noticed that the chattels of the company were not registered and Ujenzi Company which is Maendeleo Company’s creditors are claiming the chattels. Advise the Official Administrative Receiver of his rights over the chattels
Green Bank gave a loan of Sh.3,0000,000 to Maendeleo Company Ltd. The bank took a floating charge over all the company’s movable and immovable property. The company has defaulted on repayment of the loan. However, the administrative receiver appointed Read More …
Last six types of company charges that require registration as outlined in the Companies Act of the Laws of Kenya
Last six types of company charges that require registration as outlined in the Companies Act of the Laws of Kenya ANSWER Circumstances in which a company may issue bonus shares: • There must be authority in the articles. • It Read More …