Section 151: Final meeting and dissolution in voluntary winding up

151. Final meeting and dissolution in voluntary winding up (1) Where the affairs of the company have been fully wound up, the liquidator shall as soon as possible— (a) make up an account showing how the winding up has been conducted and the property of the company has been disposed of; and (b) call a general meeting of the company, or in the case of a creditors’ voluntary winding up, a meeting of the company and the creditors, and shall lay the account before the meeting. [Issue 3] I14 – 90 Revised Laws of Mauritius (2) A meeting under subsection (1) shall be called by advertisement published in at least one daily newspaper which shall— (a) specify the time, place and object of the meeting; and (b) be published at least one month before the meeting. (3) The liquidator shall within 7 days lodge a notice of the holding of the meeting and of its date together with a copy of the account with the Director, and deliver a copy of the notice to the Official Receiver. (4) (a) Subject to subsection (4A), the quorum at a meeting of the company shall be 2. (b) The quorum at a meeting of the company and creditors shall be 2 shareholders and 2 creditors. (c) Where there is no quorum under this section at a meeting, the liquidator shall not lodge the notice specified in subsection (3) but shall instead lodge, a notice that the meeting was summoned and that no quorum was present together with a copy of the account. (4A) Where the company has only one shareholder, that shareholder shall constitute a quorum. (5) Subject to subsection (6), the company shall be dissolved on the expiry of 3 months after the notice has been lodged and, if a quorum is reached, a copy of the notice has been delivered to the Official Receiver. (6) The Court may, on the application of the liquidator or of such other person as the Court may determine, direct that the date at which the dissolution of the company is to take effect shall be deferred for such time as the Court may determine. (7) The person on whose application an order of the Court under subsection (6) is made shall, within 14 days, lodge a copy of the order with the Director and deliver a copy to the Official Receiver. [S. 151 amended by s. 24 (a) of Act 27 of 2013 w.e.f. 21 December 2013.]