All sections · Part XVII: Striking Off, Winding Up And Dissolution · Sub-Part II: Voluntary Winding Up of Solvent Company
292 Removal of liquidator under this Sub-Part
(1) A liquidator under this Sub-Part may only be removed from office by —
under this Sub-Part
(a) resolution of members of the company; or
(b) an order of the Court in accordance with this section.
(2) The Court may, on application by a person specified in subsection (3),
remove the liquidator of a company from office if —
(a) the liquidator —
(i) was not eligible to be appointed, or is not eligible to act,
as the liquidator of the company; or
(ii) fails to comply with any direction or order of the Court
made in relation to the voluntary winding up of the
company; or
(b) the Court has reasonable grounds for believing that —
(i) the liquidator‘s conduct of the voluntary winding up is
below the standard that may be expected of a reasonably
competent liquidator;
(ii) the liquidator has an interest that conflicts with his role
as liquidator; or
(iii) for some other reason, he should be removed as
liquidator.
(3) An application to the Court to remove a liquidator may be made by —
(a) a director, member or creditor of the company; or
(b) with the leave of the Court, any other interested party.
(4) The Court may require an applicant to give security for the costs to be
incurred by the liquidator on the application.
(5) On the hearing of an application under this section, the Court may make
such interim or other order it considers appropriate, including the
appointment of a liquidator to replace the liquidator removed by the
order.
(6) Where a liquidator is removed from office by an order of the Court or by
resolution of members, the company shall file with the Registrar a copy
of the order or a certified copy or extract of the resolution, as the case
may be.
(7) Upon receipt of a copy order or copy or extract resolution under
subsection (6), the Registrar shall forthwith send a copy thereof to the
registered agent of the company.
under this Sub-Part
(a) resolution of members of the company; or
(b) an order of the Court in accordance with this section.
(2) The Court may, on application by a person specified in subsection (3),
remove the liquidator of a company from office if —
(a) the liquidator —
(i) was not eligible to be appointed, or is not eligible to act,
as the liquidator of the company; or
(ii) fails to comply with any direction or order of the Court
made in relation to the voluntary winding up of the
company; or
(b) the Court has reasonable grounds for believing that —
(i) the liquidator‘s conduct of the voluntary winding up is
below the standard that may be expected of a reasonably
competent liquidator;
(ii) the liquidator has an interest that conflicts with his role
as liquidator; or
(iii) for some other reason, he should be removed as
liquidator.
(3) An application to the Court to remove a liquidator may be made by —
(a) a director, member or creditor of the company; or
(b) with the leave of the Court, any other interested party.
(4) The Court may require an applicant to give security for the costs to be
incurred by the liquidator on the application.
(5) On the hearing of an application under this section, the Court may make
such interim or other order it considers appropriate, including the
appointment of a liquidator to replace the liquidator removed by the
order.
(6) Where a liquidator is removed from office by an order of the Court or by
resolution of members, the company shall file with the Registrar a copy
of the order or a certified copy or extract of the resolution, as the case
may be.
(7) Upon receipt of a copy order or copy or extract resolution under
subsection (6), the Registrar shall forthwith send a copy thereof to the
registered agent of the company.