No. 7/2018
INSOLVENCY
(b)
5
Cap. 6:07
dismiss the application or postpone its hearing or make any other order
that it regards as just in the circumstances.
Application by debtor for liquidation of trust, company, private business
corporation, co-operative or other debtor other than a natural person or
partnership
( l) An application to the Court for the liquidation of a debtor other than a
natural person or partnership may be made(a)
by the debtor itself if it has resolved that it be liquidated by the Court in
terms of a liquidation resolution and the debtor is not prC\'Cntcd by law,
agreement or any other legally enforceable reason, from passing such
resolution; or
(b)
by the company, or by one or more directors or by one or more members
for an order to wind up the company on the grounds that(i) the directors are deadlocked in the management or the company,
and the members arc unable to break the deadlock, andA.
irreparable injury to the company is resulting. or may result,
from the deadlock; or
B.
the company's business cannot be conducted to the ad\ anlage
of members generally, as a result of the deadlock;
(ii) the members are deadlocked in voting power, and hm'e failed for a
period that includes at least two financial years to elect successors
to directors whose terms have expired; or
(iii)
(c)
it is otherwise just and equitable for the company to be liquidated:
by the private business corporation, or one or more members for an order
to wind up the private business corporation on the grounds that(i)
the members are deadlocked in the management of the private
business corporation, and the members are unable to break the
deadlock, andA.
irreparable injury to the prin1te business corporation is
resulting, or may result, from the deadlock; or
B.
the private business corporation's business cannot be conducted
to the advantage of members generally, as a result of the
deadlock;
or
(ii)
(d)
(e)
it is otherwise just and equitable for the private business corporation
to be liquidated;
by a member, with leave of the court. for an order to wind up the company
or private business corporation on the grounds that(i)
the directors, members. prescribed officers or other persons in
control of the company or private business corporation are acting
in a manner that is fraudulent or otherwise illegal; or
(ii)
the company or private business corporation's assets are being
misapplied or wasted;
by the Registrar of Companies(i)
on the grounds that the company or private business corporation,
its directors. members or prescribed officers or other persons in
control of the company or private business corporation are acting
or have acted in a manner that is fraudulent or othcm ise illegaL as
20()
Select target paragraph3
Add to table of contents