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Section 99: Powers of Registrar on liquidation

Co-operatives Act · PART XIV: DISSOLUTION AND LIQUIDATION OF SOCIETIES

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.

99. Powers of Registrar on liquidation (1) The liquidator shall exercise his powers in accordance with the order of the Registrar under section 95 and the Registrar may— (a) rescind or vary any determination made by a liquidator and make a new order; (b) call for all documents and assets of the society; (c) require the liquidator to submit such further report as he considers necessary; (d) order the liquidator to repay any money or restore any property which belongs to the society; (e) order the auditing of the liquidator’s accounts and authorise the distribution of the assets of the society; (f) refer any dispute between a liquidator and any other party to arbitration; (g) where the liquidation process goes beyond the period of one year or such extended time as may be fixed by the Registrar, or where a complaint has been made to the Registrar on the conduct of the liquidator, remove the liquidator from office; and (h) in case of death, incapacity or removal of the liquidator, appoint another liquidator. (2) (a) The decision of an arbitrator on any matter referred to him under subsection (1) (f) shall be disposed of within 60 days of the reference. (b) Any party aggrieved by the decision of an arbitrator under subsection (1) (f) may, within 21 days of the decision, appeal to the Tribunal. [Issue 9] C49 – 52 Revised Laws of Mauritius (3) (a) The Registrar may make an order for the remuneration of the liquidator. (b) The remuneration of the liquidator shall be included in the costs of liquidation and shall be payable out of the proceeds from the disposal of the assets of the society in priority to all other claims.

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