No. 7/2018
INSOLVENCY
Cap. 6:07
(2) The remuneration and expenses referred to in subsection ( 1) must be taxed
by the Master in accordance with the Second Schedule item l.
(3) Every liquidator must keep time sheets \Vith the level of experience and
expertise of persons doing the \vork and lodge them with the Master if the amount of
the remuneration becomes an issue.
(4) The liquidator may apply to the Master for an increase in remuneration after
giving at least 14 days liquidator's notice to proved creditors who will be affected hy
the increase.
(5) The Master may for good cause increase or decrease the liquidator's
remuneration, in particular to compensate him or her for the time spent in assisting
with criminal prosecutions or investigating the affairs of the debtor, or disallow his or
her remuneration either wholly or in part, by reason of any failure of or delay in the
discharge of his or her duties or on account of any improper performance of his or her
duties.
(6) The Minister may by notice in the Ga:.:ette amend the First, Second and
Third Schedule.
(7) Any person who employs the liquidator or who is a fellow employee of or
who is ordinarily in the employment of the liquidator is not entitled to any remuneration
out of the insolvent estate for services rendered to the estate, and a liquidator or his
or her partner is not entitled to remuneration out of the estate for services rendered to
the estate, except the remuneration to which he or she is under this Act entitled as a
liquidator.
(8) A liquidator is not entitled to receive any remuneration before the liquidation
account making provision for the remuneration has been confirmed in terms of section
103.
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General duties and powers of liquidator
( 1) The liquidator of an insolvent estate must proceed forthwith to recover and
take into his or her possession all the assets and property of the insolvent estate and
must apply the said assets and property, in satisfaction of the costs of the administration
of the estate and the claims of creditors of the estate and if any cash balance remains,
he or she must deal there\vith in accordance with section 103.
(2) The liquidator may perform any act which is necessary for the proper
administration and distribution of the estate and, except where otherwise provided by
this Act, he or she needs not obtain formal authorisation for the performance of any
such act.
(3) The liquidator may, in particular-
(a)
execute in the name of and on behalf of the estate all deeds, receipts and
other documents;
(b)
prm e a claim in the estate of any debtor of the insolvent estate and receive
payment or a dividend in respect thereof;
(c)
drmv, accept, make or endorse any bill of exchange or promissory note
in the name of, or on behalf of the estate:
Provided that any such act by which the estate is burdened
with additional liabilities requires the authorisation of the Master or the
creditors of the estate:
(d)
carry on the business of the debtor or any part thereof but, until authorised
otherwise by the Master or the creditors, only in so far as it is necessary
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