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PART IV
FUNCTIONS OF ADMINISTRATOR IN RECONSTRUCTION
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General powers of administrator in relation to company under
reconstruction
(1) The administrator in reconstruction shall have the following powers, which he or she
may exercise without the authority of the directors or shareholders of the company under
reconstruction—
(a) to carry on or discontinue any part of the business of the company in so far as may
be necessary for the reconstruction thereof;
(b) to operate every account with a financial institution operated by the company
immediately before the commencement of its reconstruction;
(c) to draw, accept, make and endorse any cheque, bill of exchange or promissory note
in the name and on behalf of the company, and, for the purpose of carrying on the
business of the company in terms of paragraph (a), to impose any additional liability
upon the company;
(d) to raise money in any way;
(e) to bring or defend in the name and on behalf of the company any action or other
legal proceeding of a civil nature and, subject to any law relating to criminal
procedure, any criminal proceeding:
(f) to agree to any offer of composition made to the company by any debtor or
contributory and take any reasonable part of the debt in discharge of the whole or
give reasonable time;
(g) to compromise or admit any claim or demand against the company, including an
unliquidated claim;
(h) to execute in the name and on behalf of the company all deeds, receipts and other
documents and for that purpose to use the company’s seal;
(i) to prove a claim in the estate of any contributory or debtor and receive payment in
full or a dividend in respect thereof;
(j) to submit to the determination of arbitrators any dispute concerning the company or
any claim or demand by or upon the company;
(k) to elect to adopt or to abandon any contract entered into by the company before the
commencement of the reconstruction to buy or receive in exchange any immovable
property, transfer of which has not been effected in favour of the company:
Provided that—
(i) if the administrator does not make an election within six weeks after being
required in writing to do so, the person entitled under the contract may apply
by motion to the court for cancellation of the contract and delivery of
possession of the immovable property and the court may make such order as
it thinks fit;
(ii) nothing in this paragraph contained shall affect any concurrent claim against
the company for damages for non-fulfilment of the contract;
Select target paragraph3
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