Cap.6:07
INSOLVENCY
No. 7/2018
determined by an investigation conducted in terms of section 158
of the Companies Act [Chapter 24:31 j;
(ii) if default is made in lodging the statutory report or in holding the
statutory meeting in terms of the Companies Act [Chapter 24:311;
(iii) if the company or private business corporation does not commence
its business within a year from its incorporation or suspends its
business for a whole year;
(iv)
if the company or private business corporation ceases to have any
members;
(v) if seventy-five per centum of the paid -up share capital of the
company has been lost or has become useless for the business of
the company;
(f)
by the corporate rescue practitioner of a debtor appointed during corporate
rescue proceedings who applies for liquidation under the provisions of
Part XXIII, on the grounds that there is no reasonable prospect of the
company being rescued;
(g)
jointly by any or all of the parties mentioned in paragraphs (a) to (f);
(h)
in the case of any debtor being liquidated voluntarily in terms of a
liquidation resolution adopted in accordance with section 9 or I 0, by the
Master, the debtor, or any creditor, shareholder or member of that debtor;
(i)
in the case of a judicial management order in terms of Part V of the
Companies Act [Chapter 24:31), by the judicial manager of the debtor;
U)
By the Registrar of Co-operative Societies in terms of section l 02 of the
Co-operative Societies Act [Chapter 24:05];
(2) A shareholder or member may not apply to a Court as contemplated in
subsection (l)(b), (c) or (d) unless the shareholder or member (a)
has been a shareholder or member continuously for at least six months
immediately before the date of the application; or
(b)
became a shareholder or member as a result of(i) acquiring another shareholder or member; or
(ii) the distribution of the estate of a former shareholder or member,
and the present shareholder or member, and other or former
shareholder or member, in aggregate, satisfied the requirements
of paragraph (a).
(3) A Court may not make an order applied for in terms of subsection (l )(b),
(c), or (d) if, before the conclusion of the Court proceedings, any of the directors or
members have resigned, or have been removed in terms of section 193 of the Companies
Act [Chapter 24:31], the Court concludes that the remaining directors or members were
not materially implicated in the conduct on which the application was based.
(4) Every application to the Court referred to in subsection (l), except an
application by the registrar of companies in terms of subsection l(e) and the Master in
terms of paragraph (h) of that subsection, must be accompanied by( a)
a statement of affairs of the debtor corresponding substantially with Form
A of the First Schedule; and
(b)
a certificate of the Master, issued not more than 14 days before the date on
which the application is to be heard by the Court, that sufficient security
has been given for the payment of all costs in respect of the application
that might be awarded against the applicant.
207
Select target paragraph3
Add to table of contents