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Section 147: Appointment and removal of liquidator(cid:3)

Insolvency Act · PART III: WINDING UP AND ALTERNATIVES

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.

147. Appointment and removal of liquidator(cid:3) (1) Where there is no liquidator acting in a voluntary winding up, the Court may appoint a liquidator.(cid:3) (2) The Court may, on cause shown, remove a liquidator and appoint another liquidator.(cid:3) (3) A shareholder or creditor or the liquidator may, at any time before the dissolution of a company, apply to the Court to review the amount of the liquidator’s remuneration.(cid:3) (4) The acts of a liquidator shall be valid notwithstanding any defect that may afterwards be discovered in his appointment or qualification.(cid:3) (5) Any assignment, transfer, charge or other disposition of a company’s property made by a liquidator shall, notwithstanding any defect or irregularity affecting the validity of the winding up or the appointment of the liquidator, be valid in favour of any person taking the property bona fide and for value and without notice of the defect or irregularity.(cid:3) [Issue 9] I14 – 88 Revised Laws of Mauritius (6) Any person who makes or permits a disposition of property to a liquidator shall not incur any liability and shall be indemnified out of the property of the company notwithstanding any defect or irregularity affecting the validity of the winding up or the appointment of the liquidator not then known to that person.

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