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Close Corporations Act, 1984 (Act No. 69 of 1984)

Part IX : Winding up

79. Report to creditors and members

 

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 members of the corporation concerned a report as to the following matters:

(a) The estimated amounts of the corporation's assets and liabilities;
(b) if the corporation 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) of the Companies Act, as applied by section 66 of this Act;
(d) whether or not any member or former member appears to be liable—
(i) to the corporation on the ground of breach of trust or negligence;
(ii) to make repayments to the corporation in terms of section 70(2) or (3) or section 71(1) or (2);
(iii) to either a creditor of the corporation or the corporation itself, as the case may be, by virtue of any provision of Part VIII of this Act;
(e) any legal proceedings by or against the corporation which may have been pending at the date of the commencement of the 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 formation or failure of the corporation or the conduct of its business;
(g) whether or not the corporation has kept the accounting records required by section 56 and, if not, in what respects the requirements of that section have not been complied with;
(h) the progress and prospects in respect of the winding-up; and
(i) any other matter which he may consider fit, or in connection with which he may require the directions of the creditors.