No. 7/2018
INSOLVENCY
Cap.6:07
"liquidation resolution" means(a) in the case of a trust, a resolution to liquidate the trust;
(b) in the case of a company, a special resolution to liquidate the
company passed by the company in accordance with the Companies
Act [Chapter 24:31], excluding an external company as defined in
that Act;
(c) in the case of a private business corporation, a special resolution
to liquidate the private business corporation in accordance with the
Companies Act lChapter 24:31];
(d) in the case of a co-operative, a special resolution to liquidate the cooperative, passed by the members of that co-operative in accordance
with the Co-operative Societies Act [Chapter 24:05];
(e) in the case of any other debtor(i) if such debtor has been created by legislation, a resolution to
liquidate the debtor, passed by the management of such debtor
in the manner provided for in the enabling legislation;
(ii) if such debtor has been created by the adoption of a constitution,
a resolution to liquidate the debtor, passed by the members of
such debtor in terms of the provisions of such constitution;
(iii) if such debtor has been created by agreement, a resolution to
liquidate the debtor, passed by the members of such debtor in
terms of such agreement;
"liquidator's notice" means notice or delivery by the liquidator by registered
mail, fax, e-mail, or personal delivery supported by an affidavit by the
liquidator with a list of the persons given notice or delivered to and the
method used by the liquidator to send or deliver the notice:
Provided that the liquidator may substitute another form of
notice approved by the Master where the Master is satisfied that there
are exceptional circumstances justifying another form of notice;
"magistrate" includes an additional magistrate and an assistant magistrate;
"management of a debtor" means(a) in the case of a trust, the trustees of the trust, lawfully acting as such
at the time of liquidation, or during three years before liquidation;
(b) in the case of a company debtor, the directors, secretary or other
officers of the company at the time of liquidation, or during 3 years
before liquidation;
(c) in the case of a private business corporation debtor, the members
or other officers of the private business corporation at the time of
liquidation, or during the three years before liquidation;
(d) in the case of a co-operative society, the management committee
in accordance with section 54(1) of the Co-operative Societies Act
[Chapter 24:05]; or other officers of such co-operative at the time
of liquidation, or during three years before liquidation;
(e) in the case of another debtor other than a natural person or trust(i) where the debtor has been created by legislation, the persons
who at the time of liquidation, or during three years before
liquidation were responsible for the management of the debtor
in terms of the relevant legislation;
(ii)
where the debtor has been created by the adoption of a
constitution, the persons who at the time of liquidation. or
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