Acts Online
GT Shield

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

Chapter XIV: Winding-up of Companies

Liquidators

372. Persons disqualified from appointment as liquidator

 

 

No person shall be qualified for nomination or appointment as the liquidator of a company, if he is-

a) an insolvent;
b) a minor or any other person under legal disability;
c) a person declared under section 373 to be incapable of being appointed as a liquidator, while he remains so incapable;
d) a person removed from an office of trust by the Court on account of misconduct or a person who is the subject of any order under this Act disqualifying him from being a director;
e) a corporate body;
f) any person who has at any time been convicted (whether in the Republic or elsewhere) of theft, fraud, forgery or uttering a forged document or perjury and has been sentenced therefor to imprisonment without the option of a fine or to a fine exceeding twenty rand;
g) any person who has by means of any misrepresentation or any reward, whether directly or indirectly induced or attempted to induce any person to vote for him in the nomination of a liquidator or to effect or assist in effecting his nomination or appointment as liquidator of any company;
h) a person who does not reside in the Republic;
i) any person who at any time during a period of twelve months immediately preceding the winding-up of a company acted as a director, officer or auditor of that company; and
j) any agent authorised specially or under a general power of attorney to vote for or on behalf of a creditor at a meeting of creditors of the company concerned and acting or purporting to act under such special authority or general power of attorney:

Provided that the provisions of paragraph (i) shall not apply to an auditor in the case of the voluntary winding-up of the company concerned by the members as contemplated in section 350.