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 202

Select target paragraph3