Affidavit of Resignation by a Partner in Kenya

Affidavit of Resignation by a Partner in Kenya

What Is an Affidavit of Resignation by a Partner?

An Affidavit of Resignation by a Partner is a sworn statement made by a partner confirming their intention to leave a partnership. It sets out key details such as the name of the partnership and the effective date of resignation.

The affidavit is signed before an authorized person such as a Commissioner for Oaths, Notary Public, Magistrate or Consular Officer. Once properly signed and commissioned, it is uploaded on the Business Registration Services portal together with the supporting resignation letter.

When Do You Need This Affidavit?

You may need an Affidavit of Resignation by a Partner where:

A partner is leaving a registered partnership

The partnership records need to be updated at the Companies Registry

The remaining partners want to regularize the change in partnership structure

A resigning partner wants formal evidence of their exit from the partnership

The Registrar of Companies requires supporting documentation for the resignation

Filing this affidavit helps ensure that the resignation is properly documented and reflected in the official partnership records.

Requirements for an Affidavit of Resignation by a Partner

To prepare this affidavit, you will need the following information:

The full name of the partnership

The date when the partner resigned or intends to resign

The name and details of the resigning partner

A supporting letter for the application for resignation

Any other details required on the Business Registration Services portal

Process of Filing an Affidavit of Resignation by a Partner in Kenya

1. Prepare the affidavit

The resigning partner should complete the Affidavit of Resignation by a Partner with the correct partnership details and the effective date of resignation.

2. Prepare the supporting letter

A letter in support of the application for resignation should also be prepared. This letter formally notifies the Registrar of Companies that a partner has resigned from the partnership.

3. Sign the affidavit before an authorized officer

The affidavit must be signed before a Commissioner for Oaths, Notary Public, Magistrate or Consular Officer. This confirms that the contents of the affidavit have been sworn or affirmed before a legally authorized person.

4. Upload the documents on eCitizen

Once the affidavit and supporting letter are properly prepared and signed, they should be uploaded on the Business Registration Services portal on eCitizen.

5. Await processing by the Registrar of Companies

The Registrar of Companies will review the application and supporting documents. If everything is in order, the partnership records will be updated to reflect the resignation.

Frequently Asked Questions

Is an Affidavit of Resignation by a Partner mandatory?

It is commonly required as a supporting document when filing a partner’s resignation with the Registrar of Companies through the Business Registration Services portal.

Where is the affidavit filed?

The affidavit is uploaded on the Business Registration Services portal on eCitizen together with the supporting letter for resignation.

Who can witness or commission the affidavit?

The affidavit may be signed before a Commissioner for Oaths, Notary Public, Magistrate or Consular Officer.

What details are needed to prepare the affidavit?

The main details required are the name of the partnership and the date of resignation. The resigning partner’s details may also be included depending on the format of the affidavit.

Does resignation remove the partner from the partnership records automatically?

No. The relevant documents must be filed with the Registrar of Companies so that the official records can be updated.

Need Assistance with a Partner’s Resignation?

If a partner is leaving a partnership, it is advisable to prepare the resignation documents correctly and file them through the proper process. Proper filing helps avoid delays, rejection of the application or future disputes among partners.

We can assist with preparing the Affidavit of Resignation by a Partner, the supporting letter and filing the application on the Business Registration Services portal.