Section 104A: Order following petition by person other than
This section is inserted by Act No 4 of 2017, section 11.
consolidated text (as at 2017, amended since). juris shows the text as it was consolidated; it does not confirm that this is the law in force today.
104A. Order following petition by person other than
Director or Registrar of Companies
Where a petition is presented under section 102(2) by
a person other than the Director or Registrar of Companies
and an order is made by the Court, that person shall forthwith
deliver to the Director a copy of the order.
(d) in section 122, by inserting, after subsection (2), the following
new subsection –
(2A) Where the liquidator is the Official Receiver, he
shall, as soon as practicable, deliver to the Director a copy of
the account referred to in subsection (2).
(e) in section 139, by adding the following new subsection –
(4) A winding up resolution referred to in
subsection (1) may be passed in the manner provided for
under section 117 of the Companies Act.
(f) in section 142 –
(i) in subsection (2) –
(A) by deleting the word “and” at the end of
paragraph (a);
(B) by adding the following new paragraph, the full
stop at the end of paragraph (B) being deleted
and replaced by the words “; and”–
(c) a copy of the notice of the
meeting of creditors to be
delivered forthwith to the
Director.
(ii) in subsection (5) –
(A) by deleting the word “and” at the end of the
paragraph (a);
28 Acts 2017
(B) by inserting, after paragraph (a), the following
new paragraph –
(aa) cause a copy of the full
statement of the company’s
affairs made under
paragraph (a) to be lodged
forthwith with the Director;
and
(g) in section 159, by adding the following new subsection –
(6) In this section –
“liquidator” means a person, other than the
Official Receiver, who is appointed as liquidator.
(h) in section 160, by adding the following new subsection –
(3) In this section –
“liquidator” means a person, other than the
Official Receiver, who is appointed as liquidator.
(i) in section 193(3), by deleting the words “and to use the
company’s common seal for that purpose” and “by affixing
the company’s seal to the document and attesting the affixing
of the seal”;
(j) in section 194(1) –
(i) by adding the word “and” at the end of paragraph (c);
(ii) by repealing paragraph (e), the words “; and” at the end
of paragraph (d) being deleted and replaced by a full
stop;
(k) in section 197(7), by repealing paragraph (c);
Acts 2017 29
(l) by inserting, after section 197, the following new section –
Ask juris about this section Official source
Questions this section answers
- If someone other than the Director petitions the Court for a winding-up order, what must they do with the order?