Law library · Sierra Leone · The Companies Act, 2009
Section 380, The Companies Act, 2009
In forceThe Companies Act, 2009, Sierra Leone
(1) A committee of inspection appointed pursuant to this Act shall consist of creditors and contributories of the company or
persons holding general powers of attorney from creditors or
contributories in such proportions as may be agreed on by the
meetings of creditors and contributories, or as, in case of disagreement
may be determined by the court.
(2) The committee shall meet at such times as they may
from time to time appoint and, failing such appointment, at least once
a month; and the liquidator or any member of the committee may also
call a meeting of the committee as and when he thinks necessary.
(3) The committee may act by a majority of its members
present at a meeting, but shall not act unless a majority of the committee
are present.
(4) A member of the committee may resign by notice in
writing signed by him and delivered to the liquidator.
(5) If a member of the committee becomes bankrupt, or
compounds or arranges with his creditors, or is absent from five
consecutive meetings of the committee without the leave of those
members who together with himself represent the creditors or
contributories, as the case may be, his office shall become vacant.
(6) A member of the committee may be removed by an
ordinary resolution at a meeting of creditors, if he represents creditors
or of contributories, if he represents contributories of which seven
days’ notice has been given, stating the object of the meeting.
(7) On a vacancy occurring in the committee, the
liquidator shall summon a meeting of creditors or of contributories,
as the case may require, to fill the vacancy; and the meeting may, by
resolution, re-appoint the same or appoint another creditor or
contributory to fill the vacancy.
(8) Notwithstanding subsection (7), if the liquidator,
having regard to the position in the winding up is of the opinion that
it is unnecessary for the vacancy to be filled, he may apply to the
court and the court may make an order that the vacancy be not filled
or be not filled except in circumstances specified by the order
(9) The continuing members of the committee, if not less
than two, may act notwithstanding any vacancy in the committee.
(10) If there is no committee of inspection, any act or thing
or any direction or permission, authorised or required by this Act to
be done or given by the committee may be done or given by the
Commission on the application of the liquidator.
General powers of court in case of winding up by court
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