Section 96: Powers of liquidator
consolidated text (as at 2018, amended since). juris shows the text as it was consolidated; it does not confirm that this is the law in force today.
96. Powers of liquidator
(1) A liquidator may sue and be sued in the name, and on behalf, of the
society and may, subject to such directions as he may receive from the
Registrar—
(a) carry on the business of the society so far as may be necessary
for the beneficial winding up of its affairs;
[Issue 9] C49 – 50
Revised Laws of Mauritius
(b) fix, by notice in the Gazette and 2 daily newspapers, a day on
which creditors whose claims are not recorded in the books of
the society shall state their claims for payment, failing which
such claims shall be excluded from any distribution;
(c) investigate all claims against the society and decide on the
priority arising between claimants;
(d) refer to the Registrar for arbitration any matter which may be a
matter of dispute under section 80;
(e) give such directions, in relation to the collection and realisation
of the assets of the society, as may be necessary for the
winding up of the society;
(f) pay claims against the society, including interest payable, up to
the date of the winding up order according to the respective
priorities, if any, in full or to such extent as the assets of the
society permit;
(g) make any compromise or composition with creditors of the
society;
(h) call such general meeting of members or such meeting of
creditors as may be necessary for the proper conduct of the
liquidation;
(i) determine whether any person is a member, past member or
nominee of a deceased member;
(j) determine the debt due by a member of the society and ensure
its collection;
(k) arrange, with the approval of the Registrar, for the realisation of
the assets of the society;
(l) determine by what persons and in what proportions the costs of
the liquidation are to be borne; and
(m) do all such other things as may be necessary for winding up the
society and distributing its assets.
(2) Any person aggrieved by a determination of the liquidator under
subsection (1) (c), (j) or (l) may, within 21 days of the determination, appeal
to the Tribunal.
(3) The liquidator shall not determine the debt due by a member under
subsection (1) (j) unless the member has been given a reasonable opportunity
to show cause against the proposed determination.