No. 7/2018
INSOLVENCY
Cap. 6:07
(2) The Court may in all matters relating to liquidation, have regard to the
wishes of the creditors, beneficiaries, shareholders or members and contributories.
(3) An order setting aside liquidation proceedings shall set out the effect of the
setting aside of the order on(a)
the assets of the debtor immediately before the date of liquidation; and
(b)
actions taken by the liquidator during the liquidation; and
(c)
contracts of service terminated during the liquidation.
184 Meetings to ascertain wishes of creditors and others
(I) Where by this Act the Court is authorised, in relation to a liquidation,
to have regard to the wishes of creditors, beneficiaries, shareholders or members or
contributories(a) the value of the respective creditors' claims and the voting rights of the
various shareholders or members or contributories of the debtor in terms
of its trust deed, memorandum, articles, founding statement, agreement
or constitution must also be taken into consideration; and
(b)
for the purpose of ascertaining the wishes of such creditors, beneficiaries,
shareholders or members or contributories the Court may direct that
meetings of the creditors, beneficiaries, shareholders or members or
contributories be called, held and conducted in such manner as it directs,
and may appoint a person to act as chairperson of any such meeting and
to report the result thereof to the Court.
185 Dispositions and share transfers, or transfer of shareholders' after
liquidation void
(1) Every transfer of an interest in a trust, shares of a company, or other right
conferred by agreement or the constitution of an association of persons being liquidated,
or alteration in the status of its shareholders or members or beneficiaries effected after
the commencement of the liquidation without the sanction of the liquidator, is void.
(2) Every disposition of its property including rights of action by any debtor
being liquidated made after the commencement of the liquidation, is void unless the
Court orders otherwise.
186 Inspection of records of debtor being liquidated
(I) Any person having an interest in a debtor which is being liquidated in terms
of this Act may apply to the Court for an order authorising him or her to inspect any
or all of the books and papers of that debtor and the Court may impose any condition
which it thinks fit in granting that authority.
(2) Subsection (1) must not be construed as affecting any powers or rights
conferred by any law upon any department of State or any person acting under its
authority at all times to inspect or cause to be inspected, the books and papers of any
company being liquidated.
187 Giving of evidence after conviction for failure to testify
(I) Any person who is serving a term of imprisonment for the offence
contemplated in section 149(2)(c) and who declares himself or herself willing to give
the required evidence or to produce the required books, documents, or records may, on
the written application of the Master or another person who is to preside at a meeting
or to chair a commission, made to the head of the institution where the said person is
being held in custody, be brought before the Master or other person for the hearing of
such evidence or the production of the required books, documents, or records.
320
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