Companies Act (Cap. 386)
Companies Act (Cap. 386), article 216
216. In the winding up of a company every present and past
member shall be liable to contribute to the assets of the compa ny to
an amount sufficient for payment of its debts and liabilities, and the
costs, charges and expenses of the winding up, and for the
adjustment of rights of the contributories among themselves,
subject to the following qualifications -
(a) no contributions shall be required from any member
exceeding the amount, if any, unpaid on the shares in
respect of which he is liable as a present or past
member;
(b) a past member shall not be liable to contribute in any
of the following cases -
(i) if he has ceased to be a member for at least one
year before the dissolution of the company;
(ii) in respect of any debt o r liability contracted after
he has ceased to be a member;
(iii) unless it appears to the court that the existing
members are unable to satisfy the contributions
required to be made by them in pursuance of this
Act;
(c) a sum due to any member of a company, as a member,
by way of dividends, profits or otherwise shall not be
deemed to be a debt of the company payable to that
member in the case of competition between himself
and any other creditor not being a member of the
company, but any such sum may be taken into account
for the purpose of the final adjustment of the rights of
the contributories among themselves.
Liability of past
directors and
shareholders.
Amended by:
IV . 2003.92.
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