Section 176: Prohibition order

176. Prohibition order (1) Where it is shown to the satisfaction of the Court that a person is unfit to act as liquidator by reason of— (a) persistent failures to comply; (b) the seriousness of a failure to comply; or (c) misconduct or serious incompetence on the part of that person, the Court shall make, in relation to that person, a prohibition order for a period not exceeding 5 years. (2) A person to whom a prohibition order applies shall not act as an Insolvency Practitioner and, if currently acting, shall be removed from office. (3) Evidence that, on 2 or more occasions within the preceding 5 years— (a) the Court has made an order to comply in respect of the same person; or (b) an application for an order to comply has been made in respect of the same person and in each case the person has complied after the making of the application and before the hearing, is, in the absence of special reasons to the contrary, evidence of persistent failure for the purposes of subsection (1). (4) In making an order under this section, the Court may, if it thinks fit— (a) make an order extending the time for compliance; (b) impose a term or condition; or (c) make such other order as it thinks fit. (5) A copy of every order made under subsection (1) shall, within one month of the order being made, be given by the applicant to the Director who shall keep it on a register indexed by reference to the name of the liquidator concerned. [Issue 3] I14 – 104 Revised Laws of Mauritius