Law library · Sierra Leone · The Bankruptcy Act, 2009
Section 23, The Bankruptcy Act, 2009
Status not yet checkedThe Bankruptcy Act, 2009, Sierra Leone
(1) The creditors qualified to vote may, at their first or anysubsequent meeting by resolution, appoint a committee of inspection
for the purpose of superintending the administration of the bankrupt’s
property by the trustee.
(2) The committee of inspection shall consist of not more
than five or less than three persons possessing one or other of the
following qualifications:-
(a) that of being a creditor or the holder of a
general proxy or general power of attorney
from a creditor; but no creditor or holder of a
general proxy or general power of attorney
from a creditor shall be qualified to act as a
member of a committee of inspection until
the creditor has proved his debt and the
proof has been admitted; or
(b) that of being a person to whom a creditor
intends to give a general proxy or general
power of attorney; but no person shall be
qualified to act as a member of the committee
of inspection until he holds a proxy or power
of attorney, and until the creditor has proved
his debt and the proof has been admitted.
(3) The committee of inspection shall meet at such times
as it may from time to time appoint, and, failing such appointment, at
least once a month; and the trustee or any member of the committee
may also call a meeting of the committee as and when he thinks
necessary.
(4) The committee of inspection may act by a majority of
their members present at a meeting, but shall not act unless a majority
of the committee are present at the meeting.
(5) Any member of the committee of inspection may resign
his office by notice in writing signed by him, and delivered to the
(6) If a member of the committee of inspection becomes
bankrupt, or compounds or arranges with his creditors, or is absent
from five consecutive meetings of the committee of inspection, his
office shall thereupon become vacant.
(7) Any member of the committee of inspection may be
removed by an ordinary resolution at any meeting of creditors of
which seven day’s notice has been given stating the object of the
meeting.
(8) On a vacancy occurring in the office of a member of
the committee of inspection, the trustee shall forthwith summon a
meeting of creditors for the purpose of filling the vacancy, and the
meeting may, by resolution, appoint another creditor or other person
eligible to fill the vacancy.
(9) The continuing members of the committee of
inspection, provided there is not less than three such continuing
members, may act notwithstanding any vacancy and, where the
number of members of the committee of inspection is for the time
being less than five, the creditors may increase that number so that it
does not exceed five.
(10) If there is no committee of inspection, any act or thing
or any direction or permission authorised by this Act or required to
be done or given by the committee may be done or given by the court
on the application of the trustee.
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