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Contents

Part 8 · Winding Up

145. Exercise and control of liquidator’s powers

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(1)

Subject to this Part and Parts 9, 10 and 11, the liquidator must, in the administration of the assets of the company and in the distribution of the assets of the company among the creditors of the company, have regard to any directions given by resolution of the creditors or contributories at any general meeting or by the committee of inspection, and any directions so given by the creditors or contributories, in case of conflict, override any directions given by the committee of inspection.

(2)

The liquidator —

(a)

may summon general meetings of the creditors or contributories for the purpose of ascertaining their wishes; and

(b)

must summon meetings —

(i)

at such times as the creditors or contributories by resolution direct; or

(ii)

whenever requested in writing to do so by not less than 10% in value of the creditors or contributories.

(3)

The liquidator may apply to the Court for directions in relation to any particular matter arising under the winding up.

(4)

Subject to this Part, the liquidator must use the liquidator’s own discretion in the management of the affairs and property of the company and the distribution of the assets of the company.

Report

Part 9

Provisions Applicable in Judicial Management and Winding Up

Part 10

Winding Up of Unregistered Companies and Liquidation or Dissolution of Foreign Companies

Part 10A

Simplified Winding Up

Part 11

Cross-Border Insolvency

Part 12

General Provisions Applicable to Parts 4 to 11

Part 13

Bankruptcy — Preliminary

Part 14

Voluntary Arrangements

Part 15

Debt Repayment Scheme

Part 16

Proceedings in Bankruptcy

Part 17

Administration in Bankruptcy

Part 18

Annulment and Discharge

Part 19

Duties, Disqualification and Disabilities of Bankrupt

Part 20

Bankruptcy Offences

Part 21

Bankruptcy Miscellaneous Provisions

Part 22

Provisions Against Debt Avoidance and Limitation on Certain Contractual Rights

Part 23

Miscellaneous and General Provisions

Part 24

Consequential and Related Amendments to Other Acts

Part 25

Saving and Transitional Provisions

Schedules