No. 7/2018
INSOLVENCY
Cap. 6:07
(ii) the effect, if any, that the plan contemplates on the number of
employees, and their terms and conditions of employment;
(iii) a projected balance sheet for the company and statement of income
and expenses for the ensuing three years, prepared on the assumption
that the proposal is accepted.
(4) The projected balance sheet and statement required by subsection (3)(c)
(iii)(a)
must include a notice of any significant assumptions on which the
projections are based;
(b)
may include alternative projections based on varying assumptions and
contingencies.
(5) A proposal must conclude with a certificate by an authorised director or
prescribed officer of the company stating that any(a) factual information provided appears to be accurate, complete, and up to
the date;
(b) projections provided are estimates made in good faith on the basis of
factual information and assumptions as set out in the statement.
(6) A proposal contemplated in this section will have been adopted by the
creditors of the company, or the members of a relevant class of creditors, if it is supported
by a majority in number, representing at least 75 percent in value of the creditors or
class, as the case may be, present and voting in person or by proxy, at a meeting called
for that purpose.
(7) If a proposal is adopted as contemplated in subsection (6)(a) the company may apply to the Court for an order approving the proposal;
and
(b)
the Court, on an application in terms of paragraph (a) may sanction the
compromise as set out in the adopted proposal, if it considers it just and
equitable to do so, having regard to(i) the number of creditors of any affected class of creditors, who \vere
present or represented at the meeting, and who voted in favour of
the proposal; and
(ii) in the case of a compromise in respect of a company being liquidated,
the report of the Master.
(8) A copy of an order of the Court sanctioning a compromise(a)
(b)
(c)
must be filed by the company within five business days; and
must be attached to each copy of the company's Memorandum of
Incorporation that is kept at the company's registered office, or elsewhere,
if applicable; and
is final and binding on all of the company's creditors or all of members
of the relevant class of creditors, as the case may be, as of the date on
which it is filed.
(9) An arrangement or a compromise contemplated in this section does not
affect the liability of any person who is a surety of the company.
Sus-PART F-APPUCAT!ON OF PART To DEBTORS OTHER THAN CoMPANIES
148 Application of Part XXIII to debtors other than companies
( 1)The provisions of this section apply to a debtor provided for in subsection
(2) who carries on a business and employs I 0 or more employees.
308
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