Section 162: Books of company
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.
162. Books of company
(1) Every book of a company and of a liquidator that is relevant to the affairs
of the company at or subsequent to the commencement of a winding up shall, as
between the contributories, be prima facie evidence of the truth of all matters
purporting to be recorded therein.
(2) Subject to subsection (3), where a company has been wound up, the
liquidator shall retain every book referred to in subsection (1) for a period of
6 years from the date of the dissolution of the company, and a creditor or
contributory may, unless the Court directs otherwise on the application of
the liquidator, inspect such books.
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(3) (a) Where a company has been wound up by the Court, every book
referred to in subsection (1) may be destroyed in accordance with the directions of the Court.
(b) Where a company has been wound up voluntarily, every book
referred to in subsection (1) may be destroyed at such time after a period of
3 years from the date of the dissolution of the company as, in the case of—
(i) a shareholder's voluntary winding up, the company may,
by ordinary resolution, direct; or
(ii) a creditor's voluntary winding up, the committee of inspection, or, if there is no committee, the creditors of the company may direct.
(4) Subject to subsection (5), where—
(a) a company that is in liquidation and is unable to pay all its debts
has, during the period of 5 years preceding the winding up of the
company, failed to comply with section 212, 213 or 340 of the
Companies Act; and
(b) the Court considers that—
(i) the failure to comply has contributed to the company’s inability to pay all its debts, or has resulted in substantial uncertainty as to the assets and liabilities of the company, or has substantially impeded the orderly winding up of the company; or
(ii) for any other reason, it is proper to make a declaration under
this subsection,
the Court, on the application of the liquidator, may, if it thinks it proper to do
so, declare that any one or more of the directors and former directors of the
company shall be personally responsible, without limitation of liability, for all
or any part of the debts and other liabilities of the company as the Court
may direct.(cid:3)
(5) The Court shall not make a declaration under subsection (4) in relation to a person where the Court considers that the person—
(a) took all reasonable steps to secure compliance by the company
with the applicable provision referred to in subsection (4) (a); or
(b) had reasonable grounds to believe and did believe that a competent and reliable person was charged with the duty of seeing
that that provision was complied with and was in a position to
discharge that duty.
(6) A declaration under subsection (4) shall be a final judgment within the
meaning of section 8.
[S. 162 amended by s. 24 (c) of Act 27 of 2013 w.e.f. 21 December 2013.]
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Revised Laws of Mauritius