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

Chapter XIV: Winding-up of Companies

Liquidators

373. Persons disqualified by Court from being appointed or acting as liquidators

 

 

 

The Court may, on the application of any interested person, declare any person proposed to be appointed or appointed as liquidator, to be disqualified from holding office, and, if he has been appointed, may remove him from office, and may, if it thinks fit, declare him incapable for life or for such period as it may determine of being appointed as a liquidator under this Act-

a) if he has accepted or offered or agreed to accept or solicited from any auctioneer, agent or other person employed on behalf of a company in liquidation, any share of the commission or remuneration of such auctioneer, agent or person or any other benefit; or
b) if he has, in order to obtain or in return for the vote of any creditor, member or contributory, or in order to exercise any influence upon his nomination or appointment as liquidator-
i) procured or been privy to the wrongful insertion or omission of the name of any person in or from any list or schedule required by this Act; or
ii) directly or indirectly given or agreed to give any consideration to any person; or
iii) offered or agreed with any person to abstain from investigating any transactions of or relating to the company or of any of its directors or officers; or
iv) been guilty of or privy to the splitting of claims for the purpose of increasing the number of votes.