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Liquor Act, 2003 (Act No. 59 of 2003)

Chapter 3 : Registration as Manufacturer and Distributor

17. Death, insolvency or incapability of registered person

 

(1) For the purposes of this section, the expression "an administrator of an estate" includes—
(a) An executor of a deceased estate;
(b) a liquidator or trustee of an insolvent estate; and
(c) a curator.

 

(2) If a registrant dies, becomes insolvent or is placed under curatorship, the administrator of that registrant’s estate may, for the purposes of the administration of the estate—
(a) continue to conduct the registered activities in the name of the estate; or
(b) make a proposal to the Minister in terms of section 15 to transfer the registration to another qualified person.

 

(3) Any person may apply in the prescribed manner and form to the Minister for the appointment of a person to conduct the registered activities of a registrant, pending the appointment of an administrator contemplated in subsection (2).

 

(4) Before granting an application made in terms of subsection (3), the Minister must be satisfied that—
(a) every person with a financial interest in the matter has been given reasonable notice of the application;
(b) an administrator has not been appointed; and
(c) there are reasonable grounds for believing that an administrator will be appointed.

 

(5) A person appointed in terms of subsection (3) may, for the purposes of the administration of the estate, continue to conduct the registered activities in the name of the estate, until an administrator has been appointed as contemplated in this section.