No. 7/2018
INSOLVENCY
Cap.6:07
(5) The Master must authorise the liquidator only if the authority is required
so urgently that the liquidator cannot obtain a resolution at a first meeting.
(6) Before a final order for the liquidation of a debtor's estate has been issued
the powers set out in subsection (4) may only be exercised with the consent of the
debtor, the management of the debtor or the Court.
(7) A liquidator or a debtor who disagrees with the assets made available in
terms of subsection (4)(1) by resolution of a meeting of creditors may refer the matter
to the Master for his or her decision.
(8) A liquidator may at any time approach the Court in regard to any matter
arising from the liquidation and the Court may give directions or grant the liquidator
the powers necessary for the proper administration, liquidation and distribution of the
insolvent estate in question.
(9) Notwithstanding any law relating to taxes or duties, the liquidator of an
insolvent estate may(a) inspect any return or other document submitted to the Zimbabwe Revenue
Authority by or on behalf of a debtor or the spouse of a debtor, where
applicable, in connection with taxes or duties;
(b)
make copies of any such return;
(c)
have any such copy, certified as correct by or on behalf of the Zimbabwe
Revenue Authority;
(d)
in writing request the Zimbabwe Revenue Authority to state the basis for
any estimated assessment made in terms of any revenue law.
(10) A liquidator may, before or after the rehabilitation of a debtor who is a
natural person, with the written consent of the Master, by standard notice to the officer
charged with the registration of title to immovable property in Zimbabwe, cause a caveat
to be entered against the transfer of immovable property, registered in the name of the
debtor, or the cancellation or cession of a bond on such property.
(11) The notice referred to in subsection (10) must be accompanied by the
written consent of the Master and must identify sufficiently the person in respect of
whom and the property or bond in respect of which the caveat is to be entered.
( 12) The caveat remains in force until the date indicated by the Master in his
or consent.
( 13) If any entry in a return contemplated in subsection (9) is relevant in any
civil or criminal proceedings in which the debtor or the insolvent estate is involved,
that return or a copy thereof, purporting to be certified as contemplated in subsection
(9), is admissible in those proceedings on its mere production by any person and such
certified copy has the same evidentiary value as the original return.
(14) No provision in any contract, including the Memorandum or Articles of
Association of a company, which purports to regulate the manner in which property
belonging to a debtor may be disposed of on or after his or her insolvency, or which on
his or her insolvency limits a person's power to dispose of his or her rights to property
as he or she wishes, binds the liquidator of such person's insolvent estate.
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