Section 22: Appointment of trustee
consolidated text (as at 2000). juris shows the text as it was consolidated; it does not confirm that this is the law in force today.
22. Appointment of trustee
(1) Where a debtor is adjudged bankrupt or the creditors have resolved
that he be so adjudged, the creditors may, by ordinary resolution, appoint a
fit person, whether a creditor or not, to fill the office of trustee of the property of the bankrupt, or resolve to leave his appointment to the committee of
inspection mentioned in section 23.
(2) The person so appointed shall give security in such amount as shall
be fixed by the Court, and the Court if satisfied with the security shall certify
that his appointment has been duly made, unless the debtor or a creditor
objects to the appointment, and the Court is satisfied that such appointment
has not been made in good faith by a majority in value of the creditors voting, or that the person appointed is not fit to act as trustee, or that his connection with or relation to the bankrupt or his estate or any particular creditor makes it difficult for him to act with impartiality in the interests of the
creditors generally.
(3) The appointment of a trustee shall take effect as from the date of the
certificate.
(4) Where a trustee is not appointed by the creditors within 4 weeks
from the date of the adjudication, or, in the event of negotiations for a composition or scheme being pending at the expiration of those 4 weeks, then
within 7 days from the close of those negotiations by the refusal of the
creditors to accept, or of the Court to approve the composition or scheme,
the Official Receiver shall report the matter to the Court and thereupon the
Court may appoint a fit person, to be trustee of the bankrupt’s property or
may order the Official Receiver to act as trustee.
(5) The creditors or the committee of inspection (if so authorised by ordinary resolution of the creditors) may, at any subsequent time, if they think
fit, appoint a trustee, and on the appointment being made and certified, the
person appointed shall become trustee in the place of the person appointed
by the Court.
(6) Where a debtor is adjudged bankrupt after the first meeting of creditors has been held, and a trustee has not been appointed prior to the adjudication, the Official Receiver shall forthwith summon a meeting of creditors
for the purpose of appointing a trustee.
[Issue 1] B4 – 12
Revised Laws of Mauritius