Law library · Sierra Leone · The Companies Act, 2009
Section 378, The Companies Act, 2009
In forceThe Companies Act, 2009, Sierra Leone
(1) When the liquidator of a company which is beingwound up by the court has-
(a) realised all the property of the company, or
so much of it as can, in his opinion, be
realised without needlessly protracting the
liquidation;
(b) distributed a final dividend, if any, to the
creditors, and adjusted the rights of the
contributories among themselves;
(c) made a final return, if any, to the
contributories; or
(d) resigned, or has been removed from his
office,
the court shall, on his application, cause a report on his accounts to
be prepared; and, on his complying with all the requirements the
court shall take into consideration the report and any objection which
may be urged by any creditor or contributory or person interested
against the release of the liquidator, and either grant or withhold the
release accordingly.
(2) Where the release of a liquidator is withheld, the court
may, on the application of any creditor or contributory or person
interested, make such order as it thinks just, charging the liquidator
with the consequences of any act or default which he may have done
or made contrary to his duty.
(3) An order of a court releasing the liquidator shall
discharge him from all liability in respect of any act done or default
made by him in the administration of the affairs of the company, or
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Audit of
liquidator’s
Control over
Release
of liquidators.
otherwise in relation to his conduct as liquidator, but such order may
be revoked on proof that it was obtained by fraud or by suppression
or concealment of any material fact.
(4) Where the liquidator has not previously resigned or
been removed, his release shall operate as a removal of him from his
office.
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