ARRANGEMENT OF SECTIONS
1. Short title
Establishment, Functions and Powers of Authority
3. Establishment of Authority
4. Seal of Authority
5. Functions and powers of Authority
6. Principles of operation
7. Establishment of Board
8. Functions and duties of Board
9. Appointment of members of Board
10. Appointment of Secretary of Board
11. Tenure of office of members
12. Disqualification from appointment as member
13. Vacation of office and filling of vacancies
14. Remuneration of members
Meetings and Proceedings of Board
15. Meetings of Board
16. Committees of Authority
17. Co-opted members
18. Disclosure of interest
Various Offices within Authority
19. Offices within Authority
20. Companies and Business Names Office
21. Industrial Property Office
22. Copyright Office
Registrar General and Staff of Authority
23. Registrar General
24. Duties of Registrar General
25. Appointment of Registrars, Deputy Registrars and Assistant Registrars
26. Appointment of other staff
27. Funds of Authority
28. Borrowing powers of Authority
29. Provision of information
30. Financial year
33. Annual Report
34. Business plan
35. Pension and other funds
38. Transitional arrangements
Act 14, 2011,
S.I. 96, 2012,
S.I. 121, 2014.
An Act to establish the Companies and Intellectual Property Authority; to provide for its powers and functions; the establishment of a Board of the Authority; three Offices within the Authority, namely, the Companies and Business Names Office, the Industrial Property Office and the Copyright Office; and for matters connected or incidental thereto.
[Date of Commencement: Parts I to VI 1st October, 2012;
Parts VII and VIII, 1st November, 2014.]
Preliminary (ss 1-2)
This Act may be cited as the Companies and Intellectual Property Authority Act.
In this Act, unless the context otherwise requires-
"Authority" means the Companies and Intellectual Property Authority established under section 3;
"Board" means the Board of the Authority established under section 7;
"Chairperson" means the Chairperson of the Board appointed under section 9 (1) (a);
"member" means a member of the Board appointed under section 9;
"Registrar General" means the chief executive officer of the Authority appointed under section 23; and
"Secretary" means the Secretary of the Board appointed under section 10 (1).
Establishment, Functions and Powers of Authority (ss 3-6)
There is hereby established an Authority to be known as the Companies and Intellectual Property Authority which shall be a body corporate with a common seal, capable of suing and being sued and, subject to the provisions of this Act, of performing such acts as bodies corporate may, by law, perform.
(1) The seal of the Authority shall be such device as may be determined by the Authority and shall be kept by the Registrar General.
(2) The affixing of the seal shall be authenticated by the Chairperson or Vice Chairperson and the Registrar General, or any other person authorised on that behalf by a resolution of the Board.
(3) The Chairperson or Vice Chairperson of the Board may, in writing, delegate to another officer of the Authority, their power to authenticate the seal.
(4) A document issued by the Authority and sealed with the seal of the Authority, which seal is authenticated in the manner approved by this section, shall be received and taken to be a true instrument without further proof unless the contrary is shown.
The Authority shall-
(a) promote and enable the full protection of the rights of investors and right-holders, obtained under the Companies Act, Registration of Business Names Act, Industrial Property Act and Copyright and Neighbouring Rights Act;
(b) advise Government and its agencies on all matters pertaining to companies, business names and intellectual property;
(c) be responsible for the overall implementation and administration of-
(i) the registration of companies under the Companies Act,
(ii) the registration of business names under the Registration of Business Names Act,
(iii) the registration of industrial property rights under the Industrial Property Act, and
(iv) copyright and neighbouring rights under the Copyright and Neighbouring Rights Act;
(d) provide advanced information systems;
(e) organise outreach and awareness creation programmes to inform, educate and sensitise the public on matters relating to companies, business names and intellectual property; and
(f) advise the Minister on matters relating to the administration and registration of companies, business names, industrial property rights, and copyright and neighbouring rights.
The Authority shall perform its functions in accordance with sound commercial and financial principles and shall ensure, as far as possible, that its revenue is sufficient to meet the expenditure properly chargeable to its revenue.
The Board (ss 7-14)
There shall be a Board of the Authority, comprised of eight members, which shall be the governing body of the Authority.
The Board shall be responsible for the general control of the performance, management undertakings and affairs of the Authority, and without derogating from the generality of this provision, the Board shall-
(a) determine the general performance of the Authority;
(b) approve business plans of the Authority;
(c) determine and approve estimates of income and expenditure of the Authority;
(d) review the performance of top management officers of the Authority;
(e) monitor the deployment and utilisation of the movable and immovable property of the Authority; and
(f) do such other things as are provided by this Act or as may be necessary for the proper implementation of this Act.
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