All sections · Part XVII: Striking Off, Winding Up And Dissolution · Sub-Part II: Voluntary Winding Up of Solvent Company
294 Termination of voluntary winding up by the Court
This section has been amended. The text above is the 2016 wording; the amending provisions follow.
(1) The Court may, at any time after the appointment of a liquidator under
this Sub-Part, make an order terminating the voluntary winding up if it is
up by the Court
satisfied that it would be just and equitable to do so.
(2) An application under subsection (1) may be made by the liquidator or by
a director, member or creditor of the company.
(3) Before making an order under subsection (2), the Court may require the
liquidator to file a report with respect to any matters relevant to the
application.
(4) An order under subsection (1) may be made subject to such terms and
conditions as the Court considers appropriate and, on making the order
or at any time thereafter, the Court may give such supplemental directions
or make such other order as it considers fit in connection with the
termination of the voluntary winding up.
(5) Where the Court makes an order under subsection (1), the company
ceases to be in voluntarywinding up and the liquidator ceases to hold
office with effect from the date of the order or such later date as may be
specified in the order.
(6) Where the Court makes an order under subsection (1), the applicant shall
file a copy of the order with the Registrar.
(7) Upon receipt of a copy order under subsection (6), the Registrar shall
forthwith send a copy of the order to the registered agent of the company.
this Sub-Part, make an order terminating the voluntary winding up if it is
up by the Court
satisfied that it would be just and equitable to do so.
(2) An application under subsection (1) may be made by the liquidator or by
a director, member or creditor of the company.
(3) Before making an order under subsection (2), the Court may require the
liquidator to file a report with respect to any matters relevant to the
application.
(4) An order under subsection (1) may be made subject to such terms and
conditions as the Court considers appropriate and, on making the order
or at any time thereafter, the Court may give such supplemental directions
or make such other order as it considers fit in connection with the
termination of the voluntary winding up.
(5) Where the Court makes an order under subsection (1), the company
ceases to be in voluntarywinding up and the liquidator ceases to hold
office with effect from the date of the order or such later date as may be
specified in the order.
(6) Where the Court makes an order under subsection (1), the applicant shall
file a copy of the order with the Registrar.
(7) Upon receipt of a copy order under subsection (6), the Registrar shall
forthwith send a copy of the order to the registered agent of the company.
Amended since 2016
Act 19 of 2024 · 2024-12-18
19. Section 294 of the principal Act is amended, in subsection (2), by
inserting after the words “of the company” the words “or the Registrar.”
inserting after the words “of the company” the words “or the Registrar.”
