Cap. 6:07
I01SOLVENCY
No. 7/2018
(i) so inform the Court, the company, and all affected persons by
standard notice; and
(ii) apply to the Court for an order discontinuing the corporate rescue
proceedings and placing the company into liquidation;
(b)
or
there no longer are reasonable grounds to belie\·e that the company is
financially distressed, the practitioner must so inform the Court, the
company, and all affected persons by standard notice, and(i) if the corporate rescue process was confirmed by a Court order in
terms of section 123, or initiated by an application to the Court in
terms of section 124, apply to a Court for an order terminating the
corporate rescue proceedings; or
(ii) otherwise, file a notice of termination of the corporate rescue
proceedings;
(c)
or
there is evidence, in the dealings of the company before the corporate
rescue proceedings began, of(i) impeachable dispositions, the practitioner must take any necessary
steps to rectify the matter and the provisions of Part 7 dealing
with impeachable dispositions, and sections 56 to 63 dealing \Vith
examinations, shall apply with the necessary changes;
(ii) reckless trading, insolvent trading, fraud or other contravention of
any law relating to the company, the practitionerA.
must forward the evidence to the appropriate authority for
further investigation and possible prosecution; and
B.
may apply the provisions of sections 117 and 118, and may
recover any misappropriated assets of the company;
(iii) a failure by the company or any director to perform any material
obligation relating to the company, the practitioner must take any
necessary steps to rectify the matter and may direct the management
to take appropriate steps.
(3) A Court to which an application has been made in terms of subsection (2)
(a)(ii) may make the order applied for, or any other order that the Court considers
appropriate in the circumstances.
135 Directors of company to co-operate with and assist practitioner
(I) As soon as practicable after corporate rescue proceedings begin, each
person who was a director of the company at the time the corporate rescue proceedings
commenced must deliver to the practitioner all books and records that relate to the
affairs of the company and which are in that person's possession.
(2) Any person who was a director of the company at the time the corporate
rescue proceedings commenced and who knows where other books and records relating
to the company are being kept, must inform the practitioner as to the whereabouts of
those books and records.
(3) Within five business days after corporate rescue proceedings begin, or such
longer period as the corporate rescue practitioner allows, the persons who \vere directors
of the company at the time the corporate rescue proceedings commenced must provide
the practitioner with a statement of affairs containing. at a minimum, particulars of the
followingCal any material transactions involving the company or the assets of the
company, and occurring within 12 months immediately before the
corporate rescue proceedings began:
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