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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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