No. 7/2018
INSOLVENCY
Cap.6:07
(9) The liability for the payment of any amount by a contributory to the company
is a debt due by him or her to the company as from the date on which the amount was
demanded by the liquidator.
(I 0) A contributory may not set off against his or her liability any amount due
by the company in respect of dividends, profits or directors' remuneration.
(II) The liquidator must adjust the rights of the contributories among
themselves, and distribute any surplus among the persons entitled thereto.
( 12) A letter of demand by the liquidator to a contributory for the payment of
a contribution is prima facie evidence of the amount due.
( 13) All books and papers of the company and of the liquidator are, as between
the contributories and the company, prima facie evidence of the truth of all matters
recorded therein.
112 The Prosecutor-General may make application to Court for disqualification
of director
In the circumstance contemplated in the relevant provisions of the Companies
Act [Chapter 24:03], the Prosecutor-General must consider an application for an order
declaring a person delinquent in terms of that Act.
113 Registrar of Companies to keep register of directors of dissolved
companies and members of other bodies corporate
(l) The Registrar of Companies must establish and maintain a register of
directors of companies and members of private business corporations or other bodies
corporate which have been dissolved and which were liquidated in terms of this Act,
and cause to be entered therein, in respect of each such director or member-
(a)
his or her full forenames and surname, and any former forenames and
surname, his or her nationality, if not Zimbabwean, his or her occupation,
his or her date of birth and his or her last known residential and postal
addresses;
(b)
the name of the company, private business corporation or body corporate
of which he or she was a director or member, as the case may be, when
such company or body corporate was dissolved and, where more than one
company, private business corporation or body corporate was dissolved at
the same time, the names of those companies, private business corporation
or bodies corporate;
(c)
the date of his or her appointment as director or the date on which he or
she became a member;
(d)
the date of dissolution of the company, private business corporation or
body corporate.
(2) The liquidator must, within l4days after the date of the certificate referred to
in section 112( l), send by standard notice to the Registrar of Companies on a prescribed
form, in duplicate, in respect of each director of the company or member of the private
business corporation or body corporate who was a director or member within two years
before the commencement of the liquidation, the particulars referred to in subsection
( l )(a) to (d), together with a statement as to which director or member was the effective
cause of the company or body corporate being liquidated in terms of this Act.
(3) The Registrar of Companies must, under cover of a prescribed form, send
to each director or member by standard notice one copy of the particulars furnished in
terms of subsection (2) in respect of that director or member.
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