Section 305: Companies that cannot transfer incorporation
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.
305. Companies that cannot transfer incorporation
(1) A company shall not be removed from the register of companies under section 306 where—
(a) the company is in liquidation or an application has been made to
the Court under section 216 of the Companies Act 1984 to put
the company into liquidation;
[Issue 7] C35 – 180
Revised Laws of Mauritius
(b) a receiver or manager has been appointed, whether by a Court
or not, in relation to the property of the company;
(c) the company has entered into a compromise with creditors or
class of creditors under Part XVII or a compromise has been proposed under that Part in relation to the company; or
(d) a compromise has been approved by the Court under Part XVII in
relation to the company or an application has been made to the
Court to approve a compromise under that Part.
(2) No company shall be removed from the register under section 306
unless the company, immediately before its removal, satisfies the solvency
test.
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Questions this section answers
- Can a company in liquidation transfer its incorporation to another country?
- Must a company be solvent before it is allowed to move its incorporation abroad?