In Kenya, the process of striking off a private limited company involves several steps and must be done in accordance with the Companies Act. Here is an overview of the process:
- Board Resolution: The directors of the company must convene a board meeting and pass a resolution to strike off the company. The resolution should be approved by a majority of the directors.
- Tax Clearance: Before proceeding with the strike off, the company must obtain tax clearance from the Kenya Revenue Authority (KRA). This involves clearing any outstanding tax liabilities, filing tax returns, and obtaining a tax clearance certificate.
- Notice to Registrar: Once the board resolution is passed and tax clearance is obtained, the company needs to file a notice of strike off with the Registrar of Companies. The notice should include the reasons for strike off and supporting documents, such as the board resolution and tax clearance certificate.
- Public Notice: After filing the notice with the Registrar, the company must publish a notice of its intention to strike off in at least one local newspaper circulating in the area where the company’s registered office is located. The notice should be published for a period of at least 30 days.
- Objection Period: Following the publication of the notice, a period of 90 days is allowed for any person to object to the striking off of the company. If no objections are received within this period, the process can proceed.
- Strike Off: If there are no objections or if objections are resolved, the Registrar of Companies will issue a notice of striking off, stating the company’s name will be struck off from the register. The company will then be officially struck off and dissolved.
It’s important to note that the strike off process may vary slightly depending on the specific circumstances and any additional requirements imposed by the Registrar of Companies.
consult ocl business associates