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Cap. 386 · Companies Act (Cap. 386)

Cap. 386 Art. 288Powers and duties of liquidator.

TITLE II - DISSOLUTION AND CONSEQUENTIAL

In KraftAmtlicher Text

(1) The liquidator may -

(a) in the case of a members’ voluntary winding up, with the sanction of an extraordinary resolution of the company, and, in the case of a creditors’ voluntary winding up, with the sanction of the court or of the liquidation committee or, if there is no such committee, of a meeting of the creditors, exercise any of the powers given by article 238(1)(c), (d) and (e) to a liquidator in a winding up by the court;

(b) without sanction, exercise any of the other powers given by this Act to a liquidator in a winding up by the court;

(c) exercise the power of the court under this Act of drawing up a list of contributories, which list shall be evidence of the liability of the persons prima facie named therein to be contributories;

(d) exercise the power of the court of making calls;

(e) summon general meetings of the company for the purpose of obtaining the sanction of the company by extraordinary resolution or for any other purpose he may think fit.

(2) The liquidator shall pay the debts of the company and shall adjust the rights of the contributories among themselves.

(3) More than one person may be appointed to exercise the function of liquidator of a company. Where more than one liquidator is appointed, any power given by this Act may be exercised by one or more of them as may be determined at the time of their appointment, or in default of such determination, by any two of them acting jointly.

(4) Subject to the provisions of article 305, the acts of a liquidator shall be valid notwithstanding any defects that may afterwards be discovered in his appointment.