6 “scheme of reconstruction” means a scheme referred to in section 23; “State-controlled company” means a company in which the State holds directly the controlling interest; “State-indebted”, in relation to a company, means that the company is indebted to the State, a statutory corporation or State-controlled company by reason of having received any credit or guarantee in its favour that is disbursed or payable out of public funds or which imposes any liability upon the State; “statutory corporation” means any body corporate established directly by or under any Act of Parliament for special purposes specified in that Act. (2) Any word or expression to which a meaning has been assigned in the Act shall have the same meaning when used in this Act. PART II RECONSTRUCTION ORDERS 4 Requirements for and scope of reconstruction order (1) If it appears to the Minister that, by reason of fraud, mismanagement or for any other cause — (a) a State-indebted company is unable or is unlikely to be able to make any repayment of a credit made to it from public funds on a date when the repayment is due; or (b) the State has become or is likely to become liable to make any payment from public funds in terms of a guarantee issued in favour of a State-indebted company; and it further appears to the Minister that— (c) the State-indebted company has not become or is prevented from becoming a successful concern; and (d) there is a reasonable probability that if the company is placed under reconstruction it will be enabled to pay its debts or meet its obligations and become a successful concern; and (e) it would be just and equitable to do so; the Minister may, after affording the company an adequate opportunity to make representations in the matter, issue a reconstruction order in relation to the company and publish the order by notice in the Gazette: Provided that, where the Minister considers that immediate action is necessary to prevent irreparable harm to the company or its creditors, members or employees, the Minister may take such action before affording the company an opportunity to make representations in terms of this subsection. (2) The appropriate Minister may issue a single reconstruction order in relation to two or more companies that are not apparently associated with each other where— (a) they benefited from the same credit or guarantee payable from public funds; or (b) they carry on any business or activity in partnership or conjunction with each other and one or more of them benefited from any credit or guarantee payable from public funds.

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