Section 859 CAMA 2020
Section 859 Companies and Allied Matters Act is about Resubmission of lost or destroyed registered documents. It is under Chapter 2 (Miscellaneous and supplemental) of the Act.
(1) In the case where any document filed with the Commission islost or destroyed, the company, limited liability partnership, limited partnership,business name or incorporated trustees may apply to the Commission forleave to submit a copy of the document as originally filed.
(2) On such application being made, the Commission may direct notice of it to be given to such persons and in such manners as it deems fit.
(3) The Commission shall upon being satisfied—
(a) that the original document has been lost or destroyed,
(b) of the date of the filing it with the Commission, and
(c) that the copy of such document produced to the Commission is a correct copy,may certify upon that copy that he is so satisfied and direct that the copy be submitted in the manner required by law in respect of the original.
(4) Upon submission under this section, the copy shall have the same effect as the original.
(5) The Court may, by order upon application by any person aggrieved and after notice to any other person whom the Court directs, confirm, vary or rescind the certification by the Commission.
(6) A copy of the Court order shall be delivered by the applicant under subsection (5) to the Commission for registration within seven days of its making.
(7) Any payment, contract, dealing, act or thing made, had or done in good faith before the registration of such order and upon the faith of and in reliance upon the certification by the Commission under subsection (3) shall not be invalidated by the court order varying or rescinding the certification.
(8) Submission of a document under subsection (3) shall be at no fee.
(9) If default is made in complying with subsection (6), the applicant is liable to a fine as the Commission may by regulation prescribe for the default and for every day the default continues.
