Companies Act (Cap. 386)
Companies Act (Cap. 386), article 278
278. (1) The directors of the company shall cause a meeting of
the creditors of the company to be summoned for a day not later
than the fourteenth day from the day of the general meeting of the
company at which the resolution for dissolution and consequenti al
voluntary winding up is passed, and shall cause the notice of t he
said meeting of the creditors to be sent by post to the credito rs at
least seven days before th e date of that meeting.
(2) The directors of the company shall -
(a) cause a full statement of the position of the company’s
affairs, together with a list of the creditors of the
company and the estimated a mount of their claims to
be laid before the meeting of the creditors to be held as
aforesaid; and
(b) appoint one of their number to preside at the said
meeting.
(3) It shall be the duty of the d irector appointed to preside at
the meeting of creditors to atte nd the meeting a nd preside ther eat.
(4) Where the court has ordered that the company be wound up
voluntarily by virtue of the provisions of article 214(3) and a
declaration in accordance with article 268 has not been made, t he
court shall, at its sole discretion, determine whether or not t o
appoint a liquidator itself in the winding up order. Where no
liquidator is so appointed the general meeting of the company and
the meeting of the creditors referred to in this article, shall be
summoned within fourteen days from the date of the winding up
order, and notice thereof shall be given by the directors of the
company at least seven days before the date of such meetings; a nd
the provisions of sub-articles (2) and (3) shall apply.
(5) The directors of the company shall cause the notice of the
meeting of the creditors referred to in this article to be adve rtised
once in at least one lo cal daily newspaper.
176 CAP. 386.] COMP ANIES
(6) If default is made by the directors, or the director, as the
case may be, in complying with any of the provisions of this ar ticle,
every director who is in default shall be liable to a penalty.
Appointment and
removal of
liquidator.
Amended by:
IV . 2003.109.
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