(2 ) The provisions of this Act with respect to winding up apply, unless the contrary appears, to the winding
up of a company by either of those modes.
200 Jurisdiction of Master
(1 ) For the purposes of the winding up or judicial management of companies, the Master shall have the jurisdiction conferred on him by this Part.
(2 ) Where in terms of any provision of this Act any account, statement of affairs, notice, receipt, book or
other document is required to be filed or lodged with, or submitted to, the Master or the Master’s office, such
account, statement of affairs, notice, receipt, book or other document shall be so filed or lodged with, or submitted
to, the office of the Master in Harare or the office of the Assistant Master in Bulawayo:
Provided that the Master may direct in a particular case that such account, statement of affairs, notice, receipt,
book or other document be so filed or lodged with, or submitted to, one or other of such offices.
Contributories
201 Liability as contributories of present and past members
In the event of a company being wound up, every present and past member shall, subject to this section, be liable to contribute to the assets of the company to an amount sufficient for payment of its debts and liabilities and
the costs, charges and expenses of the winding up and for the adjustment of the rights of the contributories among
themselves, subject to the following qualifications—
(a ) in the case of a company limited by shares, no contribution shall be required from any member exceeding the amount, if any, unpaid on the shares in respect of which he is liable as a present or past member;
(b ) in the case of a company limited by guarantee, no contribution shall be required from any member
exceeding the amount undertaken to be contributed by him to the assets of the company in the event of
its being wound up;
(c) a past member shall not be liable to contribute if he has ceased to be a member for one year or upwards
before the commencement of the winding up;
(d ) a past member shall not be liable to contribute unless at the commencement of the winding up there is
unsatisfied debt or liability of the company contracted before he ceased to be a member;
(e) a past member shall not be liable to contribute unless it appears to the court that the present members are
unable to satisfy the contributions required to be made by them in pursuance of this Act;
(f) a past member shall not be liable to contribute in respect of any debt or liability of the company other
than a debt or liability contracted before he ceased to be a member and un satisfied at the commencement
of the winding up or in respect of the costs, charges and expenses of the winding up, except in so far as
these have been occasioned by the necessity of recovering a contribution from him under this section;
(g ) a past member shall not be liable to contribute in respect of the adjustment of the rights of the contributories among themselves;
(h ) anything in this section to the contrary notwithstanding, no transfer of shares improperly issued as fully
or partly paid up shall relieve the transferor of any liability which he would have had to contribute in respect of the amount improperly credited as paid on the shares had he not transferred them; but in so far
as the present member is liable to contribute in respect of the amount improperly credited, such liability
shall be a joint and several liability of such transferor and the present member;
(i) nothing in this Act shall invalidate any provision contained in any policy of insurance or other contract
whereby the liability of individual members on the policy or contract is restricted or whereby the funds
of the company are alone made liable in respect of the policy or contract;
(j) a sum due to any member of a company, in his character of a member, by way of dividends, profits or
otherwise, shall not be deemed to be a debt of the company, payable to that member in a case of competition between himself and any other creditor not a member of the company; but any such sum may be
taken into account for the purpose of the final adjustment of the rights of the contributories amongst
themselves.
202 Definition of “contributory”
The term “contributory” means every person liable to contribute to the assets of a company in the event of its
being wound up and, for the purposes of all proceedings for determining and all proceedings prior to the final
determination of the persons who are to be deemed contributories, includes any person alleged to be a contributory.
203 Nature of liability of contributory
The liability of a contributory shall constitute a debt accruing from him at the time when his liability commenced but payable at the times when calls are made for enforcing the liability.
204 Contributories in case of death or insolvency
(1 ) If a contributory dies before or after he has been placed on the list of contributories then—
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