Law library · Sierra Leone · The Companies Act, 2009
Section 366, The Companies Act, 2009
In forceThe Companies Act, 2009, Sierra Leone
The following provisions with respect to liquidators shallhave effect on a winding-up order being made:–
(a) the official receiver shall, by virtue of his
office become the provisional liquidator and
shall continue to act as such until he or
another person becomes liquidator and is
capable of acting as such;
(b) the official receiver shall summon separate
meetings of the creditors and contributories
of the company for the purpose of
determining whether or not an application is
to be made to the court for appointing a
liquidator in the place of the official receiver;
(c) the court may make any appointment and
order required to give effect to the determination, and, if there is a difference between
the determination of the meetings of the
creditors and contributories in respect of the
matter, the court shall decide the difference
and make such order thereon as the court
may think fit;
(d) in a case where a liquidator is not appointed
by the court, the official receiver shall be the
liquidator of the company;
(e) the court may determine whether any and
what security is to be given by a liquidator
on his appointment;
(f) the official receiver shall by virtue of his office
be the liquidator during any vacancy;
(g) a liquidator shall be described, where a person
other than the official receiver is liquidator,
270 271
Report by
official
receiver.
appoint
and powers of
provisional
Appointment,
style, etc. of
by the style of “the liquidator”, and, where
the official receiver is liquidator, by the style
of “the official receiver and liquidator”, of
the particular company in respect of which
he is appointed, and not by his individual
name.
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