Section 2: Interpretation

2. Interpretation (1) In this Act— “adjudication” has the meaning assigned to it by section 4; “administrator” means an administrator appointed under Sub-part IV of Part III; “assetless company” means a company in liquidation that has insufficient assets to meet the likely costs of any liquidator and has no reasonable prospect of paying any dividend to creditors; “auditor” means an auditor licensed under the Financial Reporting Act; “bank” means a bank licensed under the Banking Act; “bankrupt” means an individual who has been adjudicated bankrupt; “bankruptcy notice” means a notice referred to in section 6; [Issue 9] I14 – 8 Revised Laws of Mauritius “bankruptcy order” means a bankruptcy order made against a debtor; “charge”— (a) means a right or interest in relation to property owned by a debtor, by virtue of which a creditor of the debtor is entitled to claim payment in priority to other creditors; and (b) includes— (i) a mortgage or hypotheque conventionelle; (ii) a fixed or floating charge made under articles 2202 to 2202-55 of the Code Civil Mauricien; (iii) a gage; (iv) a deposit of a share or debenture certificate made under articles 2129-1 to 2129-6 of the Code Civil Mauricien; (v) a pledge of shares or debentures; (vi) a charge on a ship or aircraft; (vii) a nantissement; and (viii) any attachment on the proceeds to be paid by the Sugar Syndicate; but (c) does not include— (i) a hire purchase agreement; or (ii) a charge under a charging order issued by a Court in favour of a judgment creditor; “chargeholder” means the holder of a charge; “commencement of winding up” has the meaning assigned to it by section 101; “Companies Liquidation Account” means the account referred to in section 164; “Companies Supervisory Committee” means the Companies Supervisory Committee established under section 295; “company” has the same meaning as in the Companies Act; “Companies Act” means the Companies Act; “composition” has the meaning assigned to it by section 69; “Court” means the Bankruptcy Division of the Supreme Court; “creditor” includes a person entitled to enforce a final judgment or a final order; “date of adjudication” has the meaning assigned to it by section 21; “depart from Mauritius” includes— (a) attempt or prepare to depart; and (b) fail to return; I14 – 9 [Issue 3] Insolvency Act “designated country”, for the purposes of section 99, means a country which, in its own law, contains a provision similar to section 99, and which is designated as such by the Minister by public notice; “director”, in relation to a company, has the same meaning as in the Companies Act; “Director” means the Director of the Insolvency Service appointed under section 370; “document”— (a) means a document in any form; and (b) includes— (i) any writing on any material; (ii) a book, graph or drawing; (iii) information recorded or stored by any electronic or other technological means and capable, with or without the aid of equipment, of being reproduced; “entitled person”, in relation to section 169 (2), means any person on whom the constitution of the company confers the rights and powers of a shareholder; “final order” includes an arbitration award by which any Court has authorised the enforcement of the award; “Financial Services Commission” means the Financial Services Commission set up under the Financial Services Act; “gage” means— (a) a gage under article 2073 of the Code Civil Mauricien; (b) a gage sans déplacement on vehicles under article 2108 of th on”, in relation to section 169 (2), means any person on whom the constitution of the company confers the rights and powers of a shareholder; “final order” includes an arbitration award by which any Court has authorised the enforcement of the award; “Financial Services Commission” means the Financial Services Commission set up under the Financial Services Act; “gage” means— (a) a gage under article 2073 of the Code Civil Mauricien; (b) a gage sans déplacement on vehicles under article 2108 of the Code Civil Mauricien; (c) a gage sans déplacement on equipment under article 2125 of the Code Civil Mauricien; (d) a gage spécial au profit des banques under article 2129-6 of the Code Civil Mauricien; (e) a bank’s special privilege under article 2150-3 of the Code Civil Mauricien; (f) a right of set-off provided for by section 309; and (g) a debt secured by gage under article 2150-3 of the Code Civil Mauricien; “goods” means movable property of every kind; “Insolvency Practitioner” means a person who is appointed under this Act to be and holds office as a liquidator (other than the Official Receiver), receiver, manager or administrator; [Issue 3] I14 – 10 Revised Laws of Mauritius “Insolvency Service” means the Insolvency Service set up under section 369; “Insolvency Surplus Account” means an account referred to in section 336; “liquidation”, in relation to a company, means the winding up of the company; “liquidator” means a person appointed as such under Part III; “Minister” means the Minister to whom responsibility for the subject of finance is assigned; “notice” or “notification in writing” includes notice given by facsimile or by electronic mail or by telex or other electronic means where evidence is provided that the notice has been sent; “officer”, in relation to a company, means a director or any other person involved in the management of the company; “Official Receiver” means the Official Receiver appointed pursuant to section 371; “ordinary resolution” means a resolution of creditors passed in accordance with paragraph 5 (1) of the First Schedule; “partnership” means civil or commercial partnership, a société not registered under an enactment or a société de fait; “private pension scheme” has the same meaning as in the Private Pension Schemes Act; “prohibition order” means an order made under section 176, 210 or 286; “property” means property of every kind, whether tangible or intangible, movable or immovable, corporeal or incorporeal, and includes rights, interest and claims of every kind in relation to property however they arise; “proposal” has the meaning assigned to it by section 78; “provable debt” has the meaning assigned to it by section 305; “provisional trustee” means a person appointed as such under section 80; “public notice” means a notice that is given by publishing the notice— (a) in the Gazette; and (b) in 2 daily newspapers in wide circulation in Mauritius; “qualified auditor” has the same meaning as in the Companies Act; “receiver”— (a) means a person appointed to take possession of property in receivership and deal with it as directed by the Court or the instrument of appointment; and (b) includes a person appointed as receiver and manager; I14 – 11 [Issue 7] Insolvency Act “Registrar” means the Registrar of the Court; “Registrar-General”— (a) means the Registrar-General appointed under the RegistrarGeneral Act; and (b) includes the authorised officer under the Registration and Transcription of Deeds and Inscription iver”— (a) means a person appointed to take possession of property in receivership and deal with it as directed by the Court or the instrument of appointment; and (b) includes a person appointed as receiver and manager; I14 – 11 [Issue 7] Insolvency Act “Registrar” means the Registrar of the Court; “Registrar-General”— (a) means the Registrar-General appointed under the RegistrarGeneral Act; and (b) includes the authorised officer under the Registration and Transcription of Deeds and Inscription of Mortgages, Privileges and Charges (Rodrigues) Act; “Registrar of Companies” means the Registrar of Companies appointed under the Companies Act; “related company” has the same meaning as in the Companies Act; “relative”, in relation to a person, means— (a) his parent, spouse, child, brother or sister; (b) the parent, child, brother or sister of his spouse; or (c) a nominee or trustee of a relative; “remuneration” has the same meaning as in the Employment Rights Act; “secured creditor”— (a) means a person entitled to a charge on or over property owned by a debtor; and (b) includes the holder of a gage; “special manager” means a person appointed under section 128; “special resolution” means a resolution of creditors passed in accordance with paragraph 5 (2) of the First Schedule; “spouse”, in relation to a person, includes a person with whom that person has a relationship in the nature of marriage; “statutory demand” has the meaning assigned to it by section 180; “summary instalment order” has the meaning assigned to it by section 87; “supervisor” means a person appointed as such under section 89; “surplus assets” means the assets of a company remaining after the payment of creditors’ claims and available for distribution before the removal of its name from the register of companies; “trustee” means a person appointed under section 79; “unregistered corporation” means a partnership or association existing in Mauritius or elsewhere, or a company incorporated outside Mauritius; [Issue 7] I14 – 12 Revised Laws of Mauritius “watershed meeting” means the creditors’ meeting called by the administrator to decide the future of a company and, in particular, whether the company and the creditors should execute a deed of company arrangement. (2) In this Act, a reference to a person by whom or in whose interest a receiver is appointed includes a reference to an assignee of the rights and interests under an agreement by or under which a receiver is appointed. (3) Where there is time before which, or a period during which, an act for any purpose may or is required to be done, and this Act prevents the act from being done in time, then the time or period in question is extended by the period during which this Act prevents the act from being done in time. [S. 2 amended by s. 28 (a) of Act 9 of 2015 w.e.f. 14 May 2015.]