Related documents
- Is amended by 24th Annual Supplement
- Is amended by Companies and Insolvency Legislation (Consequential Amendments) Act, 2015
- Is amended by National Museums and Heritage Act
LAWS OF KENYA
REGISTRATION OF BUSINESS NAMES ACT
CAP. 499
- Assented to on 29 September 1951
- Commenced on 29 September 1951
- [Amended by Missing Act (Act No. 40 of 1956) on 1 January 1956]
- [Amended by Transfer of Powers (Minister for Legal Affairs) (No. 2) Order, 1956 (Legal Notice 300 of 1956) on 10 July 1956]
- [Amended by Kenya (Amendment of Laws) (Written Laws) Order, 1963 (Legal Notice 2 of 1964) on 12 December 1963]
- [Amended by Kenya (Amendment of Laws) (Miscellaneous Amendments) (No.7) Order, 1964 (Legal Notice 374 of 1964) on 12 December 1963]
- [Amended by Statute Law (Miscellaneous Amendments) (No. 2) Act, 1967 (Act No. 29 of 1967) on 30 November 1967]
- [Amended by Statute Law (Miscellaneous Amendments) Act, 1969 (Act No. 10 of 1969) on 27 June 1969]
- [Amended by Statute Law (Miscellaneous Amendments) Act, 1970 (Act No. 11 of 1970) on 7 August 1970]
- [Amended by Statute Law (Miscellaneous Amendments) Act, 1975 (Act No. 7 of 1975) on 27 June 1975]
- [Amended by Statute Law (Repeals and Miscellaneous Amendments) Act, 1981 (Act No. 10 of 1981) on 13 November 1981]
- [Amended by National Museums and Heritage Act (Cap. 216) on 8 September 2006]
- [Amended by Companies and Insolvency Legislation (Consequential Amendments) Act, 2015 (Act No. 19 of 2015) on 3 July 2017]
- [Revised by 24th Annual Supplement (Legal Notice 221 of 2023) on 31 December 2022]
1. Short title
This Act may be cited as the Registration of Business Names Act.2. Interpretation
3. Registrar, his deputy and assistants, and register
4. Firms, individuals and corporations to be registered
Subject to this Act—5. Registration by nominee, etc.
Where a firm, individual or corporation having a place of business within Kenya carries on business wholly or mainly as the nominee or trustee of or for another person or other persons, or another corporation, or acts as general agent for any foreign firm, the first-mentioned firm, individual or corporation shall be registered in the manner provided by this Act:Provided that where the business is carried on by a trustee in bankruptcy or by a receiver or manager appointed by any court, registration under this section shall not be necessary.6. Manner and particulars of registration
7. Statement to be signed by persons registering
8. Time for registration
9. Registration of changes
10. Penalty for default in registration
If any firm, individual or corporation by this Act required to furnish a statement of particulars or a notice of any change in particulars without reasonable excuse makes default in so doing in the manner and within the time specified by this Act, every partner in the firm or the individual or corporation, as the case may be, so in default shall be guilty of an offence, and upon conviction the court shall order a statement of the required particulars or notice of the change in the particulars to be furnished to the Registrar within such time as may be specified in the order.11. Disability of persons in default
12. Penalty for false statements
If any statement, notice or application sent or delivered to the Registrar contains any matter which is false in any material particular to the knowledge of any person signing it, or which that person has no reason to believe is true, that person shall be guilty of an offence and liable to imprisonment for a term not exceeding twelve months or to a fine not exceeding two thousand shillings or to both.13. Particulars to be furnished to Registrar
14. Certificate of registration
15. Cancellation of entries in register
16. Extension of time
Any period prescribed under this Act for the lodging of any statement or notice may be extended by the Registrar, on application being made in any particular case whether before or after the expiration of such period, and on payment of the prescribed fee, for such longer period as the Registrar may allow.17. Restriction on registration of certain business names
18. Prohibition notwithstanding registration
The registration of a firm, individual or corporation under this Act shall not be construed as authorizing the use of a business name, if apart from such registration the use thereof could be prohibited.19. Inspection of documents and provision of copies
Any person may, upon payment of the prescribed fee—20. Certified copies to be evidence
21. Branch offices
22. Rules
The Cabinet Secretary may make rules generally for better carrying out the provisions and purposes of this Act, and in particular may make rules for prescribing—23. Publication of true names, etc.
24. Provisions with respect to offences
25. Penalties for offences
Any person who is guilty of an offence under this Act for which no other penalty is specifically provided shall be liable to a fine not exceeding one thousand shillings and in default of payment to imprisonment for a term not exceeding three months.26. Trial of offences
Any offence under this Act or any rules made thereunder may be tried by a subordinate court of the first or second class.27. Application of Act
This Act shall apply to every firm, individual or corporation registered under any former enactment relating to business names.28. [Spent]
History of this document
31 December 2022 this version
Revised by
24th Annual Supplement
03 July 2017
08 September 2006
Amended by
National Museums and Heritage Act
13 November 1981
27 June 1975
07 August 1970
27 June 1969
30 November 1967
12 December 1963
10 July 1956
01 January 1956
Amended by
Missing Act
29 September 1951
Assented to
Commenced
Cited documents 0
Documents citing this one 27
Judgment 22
Act 3
1. | Co-operative Societies Act | 390 citations |
2. | National Museums and Heritage Act | 80 citations |
3. | Limited Liability Partnership Act | 24 citations |
Legal Notice 2
1. | The Statutory Instruments (Exemption from Expiry) Regulations | 1 citation |
2. | The Statutory Instruments (Exemption from Expiry) Regulations |
Subsidiary legislation
Title
|
Date
|
|
---|---|---|
The Registration of Business Names Rules | Legal Notice 136 of 1975 | 31 December 2022 |