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(e) in section 278 by the deletion of references to “liquidator” and “Master” wherever
they occur and the substitution of “administrator” and “Minister” respectively;
(f) in section 290 by the deletion of references to “being wound up” and “liquidators”
and the substitution of “under reconstruction” and “administrator” respectively.
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Voidable dispositions of property by companies under reconstruction
and culpable persons
(1) If an administrator has reasonable grounds for believing that a company under
reconstruction or culpable person has made any disposition of the property of such company
or of his or her own property, as the case may be, in collusion with another person for the
purpose of securing that property against sequestration in the course of insolvency or
reconstruction proceedings, the administrator may, on not less than fourteen days' written
notice to the person in whose favour the disposition was made, apply to a magistrate or judge
in chambers (depending on which court has jurisdiction in the matter) for an order setting
aside such disposition and causing such property to be delivered to the administrator.
(2) A disposition shall not be set aside in terms of subsection (1) if the person in whose
favour the disposition was made proves that the disposition was not collusive but made in the
ordinary course of business without the intention of securing that property against
sequestration in the course of insolvency or reconstruction proceedings.
(3) For the avoidance of doubt it is declared that no criminal conviction for an offence
under section 36 is required in order for the administrator to take action under this section.
21
Initial meeting of creditors and members
(1) The administrator shall as soon as possible after completing the statement referred to
in section 9, convene separate initial meetings of the creditors and the members of the
company under reconstruction, which shall be held as nearly as may be—
(a) in the case of a meeting of creditors, in the manner prescribed for creditors’
meetings under the law relating to insolvency; or
(b) in the case of a meeting of members, in the manner prescribed by rules made under
section 359 of the Act.
(2) The purpose of a meeting referred to in subsection (1) shall be—
(a) to consider a report of the administrator incorporating—
(i) the statement referred to in section 9; and
(ii) a statement of the reasons why it appeared to the appropriate Minister that
the circumstances referred to in section 4(a) or (b) were present in relation to
the company and why it has not become, or is prevented from becoming, a
successful concern; and
(iii) particulars as to any source from which money has or is to be raised for the
purposes of carrying on the business of the company; and
(iv) the considered opinion of the administrator as to the prospects of the
company becoming a successful concern and of the removal of the facts or
circumstances which prevent the company from becoming a successful
concern;
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