Alle Vorschriften · AML/CFT Act (Cap. 251) · Part Ix: Restraint, seizure and forfeiture
72 Restraint order when company is in liquidation
(1) Where the realisable property is held by a company and an order for winding up of the company has been made or a resolution has been passed by the company for a voluntary winding up, the functions of the liquidator shall not be exercisable in relation to—
(a) property for the time being subject to a restraint order made before the relevant time; and
(b) any proceeds of property in the hands of the receiver, realised from the sale of the property under section 69.
(2) Where, in the case of a company, an order or a resolution referred to in subsection(1) has been made or passed, the powers conferred under section 69 of this Act on the Court or on a receiver shall not be exercised in relation to any realisable property held by the company in relation to which the liquidator shall exercise the liquidator’s duties—
(a) for the purpose of distributing any property held by the liquidator to the company’s creditors, but so that the liquidator can give 30 days’ notice to the Attorney-General or a prosecutor on behalf of Anti-Corruption Commission of Seychelles and the FCIU of his intention to make a distribution and shall not make any distribution until the 30-day period has expired, and to enable the Court or a receiver to exercise the powers mentioned in section 69 in respect of the proposed distribution or any portion thereof; or
(b) for the payment of any expenses (including the remuneration of the liquidator or any provisional liquidator) properly incurred in the winding up of the property.
(3) For the purposes of this section—
“company” means any company formed and registered in the Republic;
“relevant time” means—
(a) where no order for the winding up of the company has been made, the time at which the resolution for voluntary winding up is passed;
(b) where an order for the winding up of the company has been made and, before the presentation of the petition for the winding up of the company, such a resolution had been passed by the company, the time of the passing of the resolution; and
(c) in any other case where an order for the winding up of the company has been made, the time when the order is made.
(a) property for the time being subject to a restraint order made before the relevant time; and
(b) any proceeds of property in the hands of the receiver, realised from the sale of the property under section 69.
(2) Where, in the case of a company, an order or a resolution referred to in subsection(1) has been made or passed, the powers conferred under section 69 of this Act on the Court or on a receiver shall not be exercised in relation to any realisable property held by the company in relation to which the liquidator shall exercise the liquidator’s duties—
(a) for the purpose of distributing any property held by the liquidator to the company’s creditors, but so that the liquidator can give 30 days’ notice to the Attorney-General or a prosecutor on behalf of Anti-Corruption Commission of Seychelles and the FCIU of his intention to make a distribution and shall not make any distribution until the 30-day period has expired, and to enable the Court or a receiver to exercise the powers mentioned in section 69 in respect of the proposed distribution or any portion thereof; or
(b) for the payment of any expenses (including the remuneration of the liquidator or any provisional liquidator) properly incurred in the winding up of the property.
(3) For the purposes of this section—
“company” means any company formed and registered in the Republic;
“relevant time” means—
(a) where no order for the winding up of the company has been made, the time at which the resolution for voluntary winding up is passed;
(b) where an order for the winding up of the company has been made and, before the presentation of the petition for the winding up of the company, such a resolution had been passed by the company, the time of the passing of the resolution; and
(c) in any other case where an order for the winding up of the company has been made, the time when the order is made.
Amtliche Quelle: Anti-Money Laundering and Countering the Financing of Terrorism Act (Cap. 251), Act 5 of 2020, Revised Edition as at 17 January 2025 (Acts 5 of 2020, 7 of 2021, 8 of 2021, 62 of 2021, 9 of 2022, 12 of 2024, S.I. 145 of 2020)
