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

Chapter XIV: Winding-up of Companies

Duties of Liquidators

402. Liquidator's duty to present report to creditors and contributories

 

 

Except in the case of a members' voluntary winding-up, a liquidator shall, as soon as practicable and, except with the consent of the Master, not later than three months after the date of his appointment, submit to a general meeting of creditors and contributories of the company concerned a report as to the following matters:

a) the amount of capital issued by the company and the estimated amount of its assets and liabilities;
b) if the company has failed, the causes of the failure;
c) whether or not he has submitted or intends to submit to the Master a report under section 400(2);
d) whether or not any director or officer or former director or officer appears to be personally liable for damages or compensation to the company or for any debts or liabilities of the company as provided in this Act;
e) any legal proceedings by or against the company which may have been pending at the date of the commencement of winding-up or which may have been or may be instituted;
f) whether or not further enquiry is in his opinion desirable in regard to any matter relating to the promotion, formation or failure of the company or the conduct of its business;
g) whether or not the company has kept the accounting records required by section 284, and, if not, in what respects the requirements of that section have not been complied with;
h) the progress and prospects of the winding-up; and
i) any other matter which he may think fit or in regard to which he may desire the directions of the creditors or the contributories.