No. 7/2018
INSOLVENCY
Cap.6:07
(2) In the case of a debtor who is a natural person, the liquidator must pay the
surplus over to the Master who must deposit it in the Guardian's Fund and after the
rehabilitation of the insolvent pay it out to the debtor at his or her request.
(3) In the case of a debtor which is a trust, the liquidator must pay the surplus
over to the trustees of the trust or, if there are no trustees, to the Master who must
deposit it in the Guardian's Fund and upon application by the capital beneficiaries as
determined by the trust deed, pay it out to them:
Provided that if the conditions for the capitalisation of the trust as determined
by the trust deed have not yet been satisfied the Master may, after having appointed
new trustees in the trust in question, pay such funds to the new trustees so appointed.
(4) In the case of a debtor which is a company, the liquidator must distribute
such surplus among the shareholders according to their rights and interests in the
company:
Provided that such distribution is subject to any contrary provisions contained
in the memorandum or articles of such company.
(5) In the case of a debtor which is a private business corporation, the liquidator
must distribute such surplus among the members according to their rights and interests
in the corporation:
Provided that such distribution is subject to any contrary provisions contained
in the founding statement of such corporation.
(6) In the case of a debtor which is a co-operative, the liquidator must apply
such surplus as provided in section 109 of the Co-operative Societies Act [Chapter
24:05].
(7) In the case of debtor which is an association of persons, the liquidator must
distribute such surplus among the members according to their rights and interests in
the association:
Provided that such distribution is subject to any contrary provisions contained
in the founding statement, constitution, memorandum or articles of association of such
association.
(8) In the case of a debtor that is a partnership, section 65 applies.
104 Contribution by creditors towards cost of liquidation
(1) Where there is no free residue in an insolvent estate, or where the free
residue is insufficient to meet all the costs mentioned in section 88, the rules set out in
this section apply with regard to the liability of creditors to pay contributions towards
defraying any such deficiency.
(2) The creditor upon whose application the liquidation order was made, whether
or not he or she has proved a claim against the estate, is liable to contribute not less
than the amount he or she would have had to contribute if he or she had proved a claim
for the amount stated in his or her application for liquidation and where he or she is a
secured creditor, without reliance on his or her security.
(3) Each concurrent creditor is liable to pay a contribution in proportion to his
or her concurrent claim.
(4) If a creditor has withdrawn his or her claim, he or she is liable to pay a
contribution only so far as is provided in section 71, and if a creditor withdraws his or
her claim within five days after the date of any resolution of creditors he or she must
be regarded as having withdrawn the claim before anything was done in pursuance of
that resolution.
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