No. 7/2018
INSOLVENCY
Cap. 6:07
(4) Whenever the Master refuses to appoint as liquidator a person elected as
such, or the Court has set aside an appointment of a liquidator by the Master, the Master
must direct the liquidator appointed in terms of section 41 to convene a meeting of
creditors of the insolvent estate for the purpose of electing another person as liquidator
in the place of such person or liquidator.
(5) The notice of the meeting referred to in subsection (4) must(a)
state that the purpose of the meeting is to elect a liquidator;
(b)
set out the reason why the Master has refused to appoint the person elected
as liquidator, or state that the appointment of the liquidator has been set
aside by the Court, as the case may be;
(c)
be published in the Gazette not less than 14 days and not more than 21
days before the date fixed for the meeting;
(d)
be sent by liquidator's notice to every creditor who has proved a claim
against the estate.
(6) The meeting mentioned in subsection (4) must be held as if it were the
continuation of a first meeting of creditors held after an adjournment.
(7) If the Master refuses to appoint as liquidator a person elected at a meeting
convened in terms of subsection (4), he or she must notify that person by direct notice
and state the reason for his or her refusal and may, if it is necessary for the proper
administration of the estate, appoint as liquidator any person whom the Master regards
as a suitable person for appointment.
76
Appointment of liquidator and security
(1) When a final liquidation order has been made and a person elected as
liquidator has given security to the satisfaction of the Master for the proper performance
of his or her duties and lodged an affidavit stating that he or she is not disqualified
in terms of section 74, the Master must, subject to section 75, appoint him or her as
liquidator and issue him or her with a letter of appointment, which is valid throughout
Zimbabwe.
(2) After the receipt of his or her letter of appointment the liquidator must
make known his or her appointment and his or her address by notice published in the
Gazette.
(3) The costs to the liquidator of giving security must be included as part of
the costs of the liquidation, up to the maximum amount which the Master considers
reasonable.
(4) The Master may at any time call for additional security,or reduce the security
given by the liquidator if the liquidator has to the satisfaction of the Master accounted
for any property in the estate and the reduced security will suffice to indemnify the
estate or the creditors against any maladministration by the liquidator of the remaining
property in the estate.
77
Joint liquidators to act jointly
( 1) Where more than one liquidator has been appointed in respect of an insolvent
estate the liquidators must act jointly in performing their functions as liquidators and
each of them is jointly and severally liable for every act performed by them jointly.
(2) Whenever liquidators of an insolvent estate disagree on any matter relating
to the estate, they must refer the matter to the Master who must determine the question
in issue or give directions as to the procedure to be followed for the determination
thereof.
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