Law library · Sierra Leone · The Companies Act, 2009
Section 453, The Companies Act, 2009
In forceThe Companies Act, 2009, Sierra Leone
(1) Where any goods of a company are taken inexecution, and, before the sale or completion of the execution by the
receipt or recovery of the full amount of the levy, the Sheriff is
notified in writing that a provisional liquidator has been appointed or
that a winding-up order has been made or that a resolution for
voluntary winding-up has been passed, the Sheriff shall, on being so
required, deliver the goods and any money seized or received in part
satisfaction of the execution to the liquidator; but the costs of the
execution shall be a first charge on the goods, or money so delivered
and the liquidator may sell the goods, or sufficient part of them, for
the purpose of satisfying that charge.
(2) Where under an execution in respect of a judgement
for a sum exceeding Le3,000,000 the goods of a company are sold or
money is paid in order to avoid the sale, the Sheriff shall deduct the
costs of the execution from the proceeds of the sale or the money
paid and retain the balance for 14 days.
(3) If within the time notice is served on the Sheriff of a
petition for the winding-up of the company having been presented or
of a meeting having been called at which there is to be proposed a
resolution for the voluntary winding up of the company and an order
is made or a resolution is passed, as the case may be, for the winding
up of the company, the Sheriff shall pay the balance to the liquidator,
who shall be entitled to retain it as against the execution creditor.
(4) The rights conferred by this section on the liquidator
may be set aside by the court in favour of the creditor to such extent
and subject to such terms as the court thinks fit.
(5) In this section the expression “goods” includes all
chattels personal, and the expression “Sheriff” includes any officer
charged with execution of a writ or other process.
Offences antecedent to or in course of winding up.
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