juris

Section 303:

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.

303. Companies Supervisory Committee may appoint administrator (1) The Companies Supervisory Committee may, at the request of a prescribed company, or on its own initiative, by notice in writing to the prescribed company and any related company named in the notice, appoint an administrator under Sub-part IV to the prescribed company and to any related company named in the notice. [Issue 3] I14 – 164 Revised Laws of Mauritius (2) The Companies Supervisory Committee shall, before appointing an administrator on the exercise of its own initiative, first be satisfied that the making of such an appointment is in the public interest and that— (a) the prescribed company or related company is unable or unlikely to be able to pay its debts or fulfill its obligations to its creditors; (b) the survival of the prescribed company or related company and the whole or any part of its or their assets as a going concern is reasonably capable of being achieved; (c) a more advantageous realisation of the assets of the prescribed company and any related company may be achieved than in an immediate winding up; or (d) the appointment of an administrator may achieve a more advantageous realisation or a more expeditious settlement of a duty or liability owed by any person to the prescribed company or any related company. (3) An administrator appointed by the Companies Supervisory Committee shall be appointed and hold office as an administrator under Sub-part IV in all respects as if appointed an administrator by the Court under section 215 and Sub-part IV shall apply as if the administrator were an administrator appointed under that Sub-part by the Court. (4) The references in sections 215, 218, 219 and 221 to the Court shall be read, in the case of each section, and so far as applicable, as if the reference to the Court were a reference to the Companies Supervisory Committee. PART IV – PROVISIONS APPLICABLE TO BANKRUPTCY AND WINDING UP Sub-Part I – Interpretation of Part IV

Ask juris about this section Official source