Cap. 6:07 )t\SOLVENCY No. 7/2018 the receipt of the offer send a copy thereof, together with his or her report and notice of the time and the place of the meeting at which the composition will be considered, by standard notice to every creditor whose name and address are known to the liquidator or which he or she can reasonably obtain. (3) If a special meeting is convened to consider a composition the notice in the Gazette must be published not less than 14 days and not more than 21 days before the date fixed for the meeting. (4) If the liquidator is of the opinion that there is no likelihood that creditors will accept the offer of composition, he or she must inform the debtor by standard notice that the offer is unacceptable and that he or she does not propose to send a copy thereof to the creditors. (5) The debtor may thereupon require the Master to review the liquidator's decision and the Master may, after having considered the offer and the liquidator's report, direct the liquidator to submit the offer to the creditors of the estate in the manner provided for in subsection (2). (6) If the offer is accepted by a majority in number and two-thirds in value of the concurrent creditors who have voted on the offer and payment under the composition has been made or security for such payment has been given as specified in the composition, the Master must issue a certificate to the debtor to the effect that the composition offer has been accepted. (7) An offer of composition is invalid if it contains any condition under which any creditor would obtain as against another creditor a benefit to which he or she would not have been entitled if the estate had been distributed in the ordinary manner. (8) Subject to subsection (7), a condition providing for the discharge of a provisional liquidation order or the setting aside of a final liquidation order upon the acceptance of an offer of composition, is not invalid. (9) If the composition provides for the giving of security, the nature of the security must be specified fully and if it consists of a surety bond or guarantee, every surety must be named. (10) If the offer of composition contained incorrect information which caused a majority of creditors to vote in favour of its acceptance, or if the debtor or another person has failed to give effect to any term of the composition or to comply with this section, the liquidator may, despite the absence of a resolution of creditors authorising him or her to do so, approach the Court for the cancellation of a composition, the setting aside of an order providing for the discharge of a first liquidation order or an order setting aside a final liquidation order, or for other relief. ( ll) An offer of composition which has been accepted is binding upon the debtor and upon all creditors of the insolvent estate in so far as their claims are not secured or preferent, but the right of any secured or preferent creditor is not prejudiced thereby except in so far as he or she has expressly and in writing waived his or her preference. (12) If the composition is subject to the condition that any property in the insolvent estate must be restored to the debtor, the acceptance of the composition divests the liquidator of such property and vests it in the debtor as from the date on which such property is in terms of the composition to be restored to the debtor. ( 13) A composition does not affect the liability of a surety for the debtor or any liability regarding transactions that are invalid or liable to be set aside. ( 14) When the estate of a partnership and the estate of a partner in that partnership are simultaneously under liquidation, the acceptance of an offer of composition by the separate creditors of the partner does not take effect unti I the expiration of a period of six weeks as from the date of a standard notice of that acceptance given by the 285

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