This normally occurs when a business cease its
operations/business.

The business is thus struck off the register of companies
for limited companies and the register of business names for business names and
partnerships.

Grounds for Deregistration of a Company or
Business Name:

      i.       
Compulsory winding up of the company by a Court order.

     ii.       
Voluntary Winding up where shareholders and directors of the company
apply to the Registrar of Companies to have the company dissolved.

    iii.       
Insolvency of a company where the company is no longer able to carry on
operations.

    iv.       
Where the Directors of the Company or majority of the directors make an
application to the Registrar of Companies to have the company struck off.

     v.       
Where the company is under liquidation and it has been wound up, the
Registrar may strike off the Company’s name from the Register.

    vi.       
Termination of partnership due to say death or withdrawal of a partner which
makes it impossible to carry on the business

Deregistration of a Company In Kenya

For
a deregistration of a company to be conducted:

a)    The company must be linked/ automated through the e-citizen
portal  if it was registered with the old
manual system of registration since the application is lodged online.The
process is done using the directors ecitizen account.

b)    The company must have filed all the annual returns up to
date.

c)    A meeting of the
Board of Directors should be held in which a resolution to dissolve the company
is passed and minutes presented.

d)    Application to the
Registar  and payment of the prescribed
amounts done.

e)    Once  approved by the Registrar of Companies, the
de-registration is published in the Kenya Gazette for intended dissolution: for
a period of three (3) months to invite any outstanding claims owed to creditors
by the company for settlement.

f)     Removal from the
Register of Companies: If there are no claims brought forward, the Registrar
proceeds to strike off the company from the Register of Companies in Kenya. The
process takes 6-12 months.

g)    Filing of Closure
accounts to KRA for the outstanding period.

h)    De-registration of
the company KRA PIN Certificate and all other obligation i.e. PAYE, VAT is done
once: the company is stuck off at the Companies Registry. The directors
therefore apply for de-registration of the company pin upon settling any
outstanding taxes owed to KRA

DEREGISTRATION OF A BUSINESS NAME.

For a business name the following must be done.

a)    The business name must be linked/ automated through the
e-citizen portal  if it was registered
with the old manual system of registration since the application is lodged
online.The process is done using the proprietors  ecitizen account.

b)    Application of the cessation done through form BN6 – Notice
Of Cessation of business and signed by the proprietors.

c)    Submission of the BN2-Certificate of Registration and the BN6
and payment of the prescribed amount for the process.

d)    Upon approval the business is struck off the the register of
business names.

e)    Lastly, an application for deregistration of the KRA PIN
Certificate is undertaken for partnerships.