Section 385 - Transitional provisions

(1) On the commencement of this Act, the Office of the Registrar established under section 351, shall assume the status of a Category III subvented agency as classified under the Subvented Agencies Act, 2006 (Act 706) and operate under the Ministry responsible for Justice.

(2) The rights, assets and liabilities accrued in respect of the properties vested in the Registrar-General’s Department established under the Civil Service (Structure) Regulations, 1961 (L.I. 139) in relation to the registration and regulation of companies in existence immediately before the commencement of this Act are transferred to the Office of the Registrar established under section 351 of this Act and accordingly proceedings relating to the establishment or regulation of companies taken by or against the Registrar-General may be continued by or against the Office of the Registrar.

(3) The President shall, in accordance with the advice of the Board given in consultation with the Public Services Commission and within a period the President shall determine on the commencement of this Act, transfer to the Office of the Registrar the number as the President may determine, of personnel seconded to or employed for or by the Registrar-General’s Department immediately before the commencement of this Act.

(4) Where a person to whom subsection (3) applies is not transferred under that subsection, the Legal Service shall deal with the appointment as it considers fit.

(5) The President may delegate the power of appointment under subsection (3) in accordance with clause (2) of article 195 of the Constitution.

(6) A transfer to the Office of the Registrar shall for the purposes of pension and other retirement benefits constitute a continuous service in the Legal Service.

(7) The terms and conditions of service of a person transferred to the Office of the Registrar under subsection (3) shall not be less favourable than those applicable to that person immediately before the commencement of this Act.

(8) A contract relating to the establishment and regulation of companies subsisting between the former Registrar-General’s Department and another person and in effect immediately before the commencement of this Act shall subsist between the Office of the Registrar and that other person.

(9) A matter specified under section 378 in respect of which a transaction may be effected electronically on the commencement of this Act, shall after five years from the commencement date of this Act be effected electronically only.

(10) Section 378 does not affect the validity of anything done manually relating to the operation of companies established before the commencement of this Act.