No. 7/2018
15
INSOLVENCY
Cap.6:07
Final liquidation order
(I) The Court may make an order for the final liquidation of the estate of a
debtor at the hearing of an application contemplated in section 4, 5 or 6 or pursuant to
a rule nisi contemplated in section 14(2), if-
(a)
the applicable requirements of section 4, 5, or 6, as the case may be, ha\'e
been complied with;
(b)
the debtor is unable to pay its debts in terms of section 3; and
(c)
in the case of a debtor who is a natural person, there is reason to believe
that it will be to the advantage of the creditors of the debtor if his or her
estate is liquidated; and
(d)
any of the following, where applicable, are not more appropriate than
issuing a liquidation order(i) corporate rescue proceedings in terms of Part XXIII;
(ii) a compromise in terms of section 148; or
(iii) a pre- or post liquidation composition in terms of section 119 or
120.
(2) If the requirements of subsection (1) are not met and a provisional order
is not issued in terms of section 14, the Court must dismiss the application for the
liquidation of the estate of the debtor and set aside any provisional liquidation order
or postpone the hearing for a reasonable period to a determined date so as to allmv the
applicant to furnish further proof.
(3) When a final liquidation order is granted the registrar must ensure that the
particulars which must in terms of section 4(2) and 6(3)(d) appear in the heading of
the application also appear on the order.
16
Separate meetings of shareholders or members
(I) When the Court considers an application for the liquidation of a company,
private business corporation, co-operative or association, or after an application has been
made, a Court may, on application by any interested person, if the Court is satisfied that
there is a reasonable possibility that a surplus will accrue to shareholders or members
in terms of section I 03( 4), (5). (6). or (7). order that separate meetings of shareholders
or members must be convened and held when a liquidator is elected or directives are
given to the liquidator at a meeting.
(2) The separate meeting of shareholders or members must,'' ith the changes
required because it is a meeting of shareholders or members. be convened and held in
the same manner as a meeting of creditors.
(3) If the meetings of creditors and shareholders or members have nominated
different persons as liquidators, the Master must, subject to the provisions of section
74, decide the difference and appoint all or any of the persons so nominated, as the
Master thinks fit, as liquidator or liquidators.
(4) If there is a difference between the directions given by creditors and
shareholders or members at such meetings, the liquidator must apply to the Master for
directions and the Master must give or refuse to give directions as the Master thinks
fit.
17
Obligations of creditor upon whose application a liquidation order is
made
(I) The creditor upon whose application a liquidation order is made must. at
his or her own cost, prosecute all the proceedings in the liquidation until a liquidator
is appointed.
216
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