Section 123: Committee of inspection in winding up by Court
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.
123. Committee of inspection in winding up by Court
(1) The liquidator may, and shall, in the case of—
(a) a public company; or
I14 – 75 [Issue 9]
Insolvency Act
(b) any other company if requested by a creditor or contributory,
summon separate meetings of the creditors and contributories for the purpose of determining whether or not the creditors or contributories require the
appointment of a committee of inspection to act with the liquidator, and if
so, who are to be members of the committee.
(2) If only the meeting of contributories requires a committee of inspection
to be appointed, the Court shall decide whether such a committee should be
appointed, and the Court shall also determine any difference as to who are to
be members of the committee and make such order as it thinks fit.
(3) A committee of inspection shall consist of a number of creditors and
contributories of the company or of persons holding—
(a) general powers of attorney from creditors or contributories; or
(b) special authorities from creditors or contributories authorising
the persons named therein to act on such a committee,
appointed by the meetings of creditors and contributories in such proportions
as are agreed or, in case of difference, as are determined by the Court.
(4) The liquidator may at any time on his own motion and at least twice
in any period of 12 months, and shall within 7 days on the written request of
a creditor or contributory, summon a meeting of creditors or of contributories
to consider any appointment made and the meeting may confirm the appointment or revoke the appointment and appoint another creditor or contributory or person holding a general power or special authority as specified
in subsection (1), to be a member of the committee.
(5) The Seventh Schedule shall govern proceedings at meetings of a
committee of inspection.