Cap. 386 · Companies Act (Cap. 386)
Cap. 386 Art. 334Rights of creditors to oppose conversion.
PART VII - CONVERSION OF COMMERCIAL
(1) The conversion of a commercial partnership shall not take effect until three months from the date of the publication of the statement referred to in article 401(1)(e) relating to the decision or resolution approving the conversion.
(2) During the aforesaid period of three months any creditor of the commercial partnership whose debt existed prior to the publication of the statement referred to in sub-article (1) may by sworn application object to the conversion and, if he shows good cause why it should not take effect, the court shall either uphold the objection or allow the conversion on sufficient security being given.
(3) Without prejudice to the provisions of sub-article (2) any partner or shareholder, as the case may be, of the commercial partnership being converted, or the Registrar, shall have the right to challenge the validity of the conversion only within the aforesaid period of three months by means of a sworn application.
(4) Where as a result of the proceedings for which provision is made in sub-article (3), the court is satisfied that the conversion is not valid, the court shall disallow the said conversion: Provided that the court shall have the right to suspend its decision disallowing the conversion and to grant time, which shall not be in excess of six months, to the commercial partnership in default, to remedy the default rendering the conversion invalid; and if the default is remedied within the time allowed the conversion shall take effect.
Änderungsgeschichte
- Amended by L.N. 186 of 2006