No. 7/2018
INSOLVENCY
Cap. 6:07
(5) If a creditor cancels his or her withdrawal as contemplated in subsection
(4), he or she is not liable for liquidation costs for which he or she was not liable at the
time of the cancellation of the withdrawal of his or her claim.
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Creditor may not recover debt from insolvent estate which is recovered
from another source
( l) A creditor who has proved a claim against an insolvent estate and who after
the date of liquidation of the in sol vent estate has received payment of that debt in whole
or in part from a source other than the insolvent estate, must notify the liquidator of
such payment by standard notice within 60 days of receiving payment.
(2) If a creditor fails to comply with subsection (1) and an amount is paid to
him or her out of the insolvent estate to which he or she is not entitled, the liquidator
may recover double that amount from him or her.
PART XIII
ELECTION, APPOINTMENT AND DISQUALIFICATION OF LIQUIDATORS
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Election of liquidator
(I) Any creditor of an insolvent estate who has proved claims against the estate
may vote for one liquidator at the first meeting of creditors or at a subsequent meeting
convened to elect a liquidator.
(2) A registered union may vote in number for employees represented by the
union.
(3) An employee who has not voted as a creditor and who has not been voted
for by a registered union and who has lodged a declaration that he or she was employed
by the debtor at the date of liquidation may vote in number.
(4) A director or former director of a company shall have no voting right in
respect of the nomination of a liquidator on the basis of his or her(a)
loan account with the company; or
(b)
claims for arrear salary, travelling expenses or allowances due by the
company; or
(c)
claims paid by such director or former director on behalf of the company.
(5) A liquidator is elected by the majority in number and in value of the votes
of creditors who were entitled to vote and who voted at such meeting.
(6) If one candidate obtained a majority of votes in value and another a majority
in number, both candidates are deemed to be elected as liquidators.
(7) If two or more candidates receive the same number of votes in number and
this is the most votes in number received by any candidate, the candidate who obtained
the most votes in value is considered to have obtained the majority in number.
(8) If no liquidator is elected at a meeting of creditors the liquidator appointed
by the Master in terms of section 41 is the liquidator of the estate.
(9) If it is necessary for the proper administration of an insolvent estate, the
Master may at anytime appoint one additional liquidator after forty eight hours' notice to
each liquidator appointed or to be appointed in terms of subsection (5) or (6), furnishing
reasons for the additional appointment.
( 10) Where a liquidator has been elected by creditors, the creditors must submit
the name of such liquidator to the Master.
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