Cap. 6:07
INSOLVENCY
(a)
No. 7/2018
the company(i) files a resolution to place itself under supen·ision in terms of section
122(3); or
(ii) applies to the Court for consent to file a resolution in terms of section
122(5)(b);
or
(b)
an affected person applies to the Court for an order placing the company
under supervision in terms of section 124( l ); or
(c)
a Court makes an order placing a company under supervision during the
course of liquidation proceedings. or proceedings to enforce a security
interest, as contemplated in section 124(7).
(2) Corporate rescue proceedings end when-
(a)
the Court(i) sets aside the resolution or order that began those proceedings; or
(ii) has converted the proceedings to liquidation proceedings;
or
(b)
the practitioner has filed with the Master a notice of the termination of
corporate rescue proceedings; or
(c)
a corporate rescue plan has been(i)
proposed and rejected in terms of Sub-Part D of this Part, and no
affected person has acted to extend the proceedings in any manner
contemplated in section 145; or
(ii) adopted in terms of Sub-Part D of this Part, and the practitioner has
subsequently flied a notice of substantial implementation of that
plan.
(3) If a company's corporate rescue proceedings have not ended within three
months after the start of those proceedings, or such longer time as the Court, on
application by the practitioner, may allow, the practitioner must-
(a)
prepare a report on the progress of the corporate rescue proceedings,
and update it at the end of each subsequent month until the end of those
proceedings; and
(b)
deliver the report and each update by standard notice to each affected
person, and to the(i)
(ii)
Court, if the proceedings have been the subject of a Court order; or
Master, in any other case.
126 General moratorium on legal proceedings against company
(I) During corporate rescue proceedings, no legal proceeding, including
enforcement action, against the company. or in relation to any property belonging to
the company, or lawfully in its possession, may be commenced or proceeded with in
any forum. except(a) with the written consent of the practitioner; or
(b) with the leave of the Court and in accordance with any terms the Court
considers suitable; or
(c) as a set-off against any claim made by the company in any legal
proceedings, i rrespecti \' e of whether those proceedings commenced before
or after the corporate rescue proceedings began; or
(d) criminal proceedings against the company or any of its directors or officers;
or
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