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Companies Act, 1973 (Act No. 61 of 1973)

Chapter XIV: Winding-up of Companies

General Provisions Affecting all Windings-up

364. Master to summon first meetings of creditors and members and purpose thereof

 

 

1) As soon as may be after a final winding-up order has been made by the Court or a special resolution for a creditors' voluntary winding-up of a company has been registered in terms of section 200, the Master shall summon-
a) a meeting of the creditors of the company for the purpose of--
i) considering the statement as to the affairs of the company lodged with the Master under section 363;
ii) the proof of claims against the company; and
iii) nominating a person or persons for appointment as liquidator or liquidators; and
b) a meeting of the members of the company or, in the case where the winding-up concerns a company limited by guarantee, a meeting of the contributories in respect of that company, for the purpose of-
i) considering the said statement as to the affairs of the company; and
ii) nominating a person or persons for appointment as liquidator or liquidators,

unless the company in general meeting, when passing a resolution provided for in section 349, has already disposed of the matters referred to in sub paragraphs (i) and (ii).

 

2) Meetings of creditors under this section shall be summoned and held as nearly as may be in the manner provided by the law relating to insolvency, and meetings of members or contributories in the manner prescribed by regulation: Provided that, in the case of a meeting of creditors, the Master may direct the company concerned or the provisional liquidator to send a notice of such meeting by post to every creditor of the company.