Section 59: General provisions on winding up
consolidated text (as at 2016, amended since). juris shows the text as it was consolidated; it does not confirm that this is the law in force today.
59. General provisions on winding up
(1) Subject to this Part and such regulations as may be prescribed, SubPart II of Part III, Parts IV and VII of the Insolvency Act 2009 or such other
specific enactment relating to winding up of companies shall apply to the
winding up of an insurer so far as these provisions are applicable and provided further that where there is any inconsistency between those provisions
and the provisions of this Part, the provisions in this Part shall prevail.
(2) Where an insurer is a subsidiary of a body corporate which is not an
insurer, and the body corporate is wound up—
(a) the subsidiary shall not be wound up except on the basis of a
separate application for winding up; and
(b) the provisions of this Part shall apply in relation to the subsidiary
as to any other insurer.
[S. 59 amended by s. 414 (2) (a) of Act 3 of 2009 w.e.f. 1 June 2009.]
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Questions this section answers
- Which law governs the winding up of an insolvent insurance company?