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

Chapter XIV: Winding-up of Companies

Provisions as to Meetings in Winding-up

416. Application of provisions of Insolvency Act, 1936

 

 

1) The provisions of sections 66, 67 and 68 of the Insolvency Act, 1936 (Act No. 24 of 1936), shall, in so far as they can be applied and are not inconsistent with the provisions of this Act, mutatis mutandis apply in relation to-
a) any person who is in terms of section 414(1) of this Act required to attend any meeting of a company being wound up and which is unable to pay its debts, as if such person were an insolvent required to attend any meeting referred to in section 64 of the Insolvency Act, 1936; and
b) any person subpoenaed in terms of section 414 (2) of this Act to attend any meeting of the creditors of such a company or to produce any book or document at any such meeting,

and the provisions of section 65 of the Insolvency Act, 1936, shall, in so far as they can be applied and are not inconsistent with the provisions of this Act, mutatis mutandis apply in relation to the production of any book or document or the interrogation of any person under section 415 of this Act, as if such person had been subpoenaed to produce any book or document or were being interrogated under the said section 65 of the Insolvency Act, 1936.

 

2) In applying the said sections 66, 67 and 68 of the Insolvency Act, 1936, in terms of subsection (1) of this section, any reference in any of the said sections or in section 64 or 65 of that Act-
a) to the estate of an insolvent, shall be construed as a reference to the estate of the company concerned;
b) to the trustee of an insolvent estate, shall be construed as a reference to the liquidator of such company;
c) to a meeting of the creditors of an insolvent, shall be construed as a reference to a meeting of the creditors of such company;
d) to a creditor who has proved a claim against an insolvent estate, shall be construed as a reference to a person who has proved a claim against such company;
e) to the business or affairs or property of an insolvent, shall be construed as a reference to the business or affairs or property of such company;
f) to any person indebted to an insolvent estate, shall be construed as a reference to a person indebted to such company;
g) to the sequestration of an insolvent estate, shall be construed as a reference to the commencement of the winding-up of such company.