Cap. 6:07
INSOLVENCY
No. 7/2018
(3) If a liquidation account is not a final account the liquidator must, at six
monthly intervals or from time to time as the Master may direct, lodge with the Master
periodical accounts in the form and in all other respects similar to the accounts mentioned
in subsection (2).
(4) If the estate of a partnership is under liquidation, separate accounts must
be lodged in respect of the partnership and the estate of each partner whose estate is
under liquidation.
(5) If a liquidator is unable to lodge an account to the Master within the period
of six months as required by subsection ( 1) or (3), he or she must before the expiration
of such period, or within the further period that the Master may allow, send to the Master
by standard notice an affidavit in which he or she sets out(a)
the reasons for his or her inability to lodge the account in question; and
(b)
an explanation of those affairs, transactions or matters relating to the
debtor or the insolvent estate as the Master may require; and
(c)
the amount of money available for payment to creditors or, if there is no
free residue or if the free residue is insufficient to meet all costs referred
to in section 87, the deficiency the creditors are liable to make good.
(6) The Master may, after considering the affidavit, extend such period to a
date determined by him or her.
(7) If the Master extends the period in terms of subsection (6) the liquidator
must inform proved creditors of the extension by liquidator's notice and enclose a copy
of the affidavit in terms of the subsection.
(8) If a liquidator fails to lodge an account within the period required by
subsection (I) or before the date determined by the Master in terms of subsection (6),
the Master may, subject to subsection (9), send a standard notice to the liquidator in
which he or she is required to lodge the account in question to the Master or if he or
she is unable to lodge such account, to send an affidavit contemplated in subsection
(6) to the Master, within a period of 14 days from the date of the notice.
(9) The Master may, if the account in question is not lodged or the said affidavit
is not sent to him or her, after the expiration of the said 14 days extend such period to
a date determined by him or her.
(I 0) If the Master refuses to extend the period as contemplated in subsection
(9), the liquidator may apply by motion to the Court, after having given the Master
direct notice of his or her intention to make the application, for an order extending the
said period and the Court may thereupon make such order as it considers appropriate.
(II) If, before the expiration of the period contemplated in subsection (l) or
(2), a liquidator has funds in hand which, in the opinion of the Master, ought to be
distributed and the liquidator has not lodged with the Master a plan for the distribution
of those funds, the Master may direct him or her in writing to lodge such a plan.
(12) If any liquidator fails to lodge an account to the Master as and when
required by or under this Act, or to lodge any vouchers in support of such account
upon the request of the Master, or to perform any other duty imposed upon him by this
Act or to comply with any reasonable demand of the Master for information or proof
required in connection with the liquidation or distribution of an estate, the Master or
any person having an interest in the liquidation or distribution of the estate may, after
giving the liquidator not less than 14 days' standard notice, apply to the Court for an
order directing the liquidator to lodge such account or any vouchers in support thereof
or to perform such duty or to comply with such demand.
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