All sections · Part XVII: Striking Off, Winding Up And Dissolution · Sub-Part II: Voluntary Winding Up of Solvent Company
284 本款规定的清算人的资格
This section has been amended. The text above is the 2016 wording; the amending provisions follow.
(1) 就本款而言，如果某人没有根据第(2)款丧失担任公司清算人的资格，则该人有权被任命并担任公司清算人。
(2) 下列人员应丧失被任命为或担任公司清算人的资格--。
(a) 根据第十六部分被取消资格的人或根据塞舌尔以外国家的法律被取消同等资格的人。
(b) 一个未成年人。
(c) 一个残疾的成年人。
(d) 未获解除的破产者。
(e) 在过去两年的任何时候是或曾经是公司的董事。
(f) 在过去两年内担任或曾担任与公司有关的高级管理职位，其职能或责任包括与公司财务管理有关的职能或责任的人。
(g) 作为公司唯一成员的人；和
(h) 是(e)、(f)或(g)段所提及的人的直系亲属。
(2) 下列人员应丧失被任命为或担任公司清算人的资格--。
(a) 根据第十六部分被取消资格的人或根据塞舌尔以外国家的法律被取消同等资格的人。
(b) 一个未成年人。
(c) 一个残疾的成年人。
(d) 未获解除的破产者。
(e) 在过去两年的任何时候是或曾经是公司的董事。
(f) 在过去两年内担任或曾担任与公司有关的高级管理职位，其职能或责任包括与公司财务管理有关的职能或责任的人。
(g) 作为公司唯一成员的人；和
(h) 是(e)、(f)或(g)段所提及的人的直系亲属。
Translation for information only. Only the English original is legally binding.
Original wording (English, legally binding): Eligibility to be liquidator under this Sub-Part
(1) For the purposes of this Sub-Part, an individual is eligible to be appointed
and to act as the liquidator of a company if the individual is not
disqualified from acting as the liquidator of a company under subsection
(2).
(2) The following individuals are disqualified from being appointed, or
acting, as the liquidator of a company —
(a) a disqualified person under Part XVI or an individual subject to
an equivalent disqualification under the laws of a country
outside Seychelles;
(b) a minor;
(c) an incapacitated adult;
(d) an undischarged bankrupt;
(e) an individual who is, or at any time in the previous two years
has been, a director of the company;
(f) an individual who acts, or at any time in the previous two years
has acted, in a senior management position in relation to the
company and whose functions or responsibilities have included
functions or responsibilities in relation to the financial
management of the company;
(g) an individual who is a sole member of the company; and
(h) an individual who is a close family member of an individual
specified in paragraph (e), (f) or (g).
and to act as the liquidator of a company if the individual is not
disqualified from acting as the liquidator of a company under subsection
(2).
(2) The following individuals are disqualified from being appointed, or
acting, as the liquidator of a company —
(a) a disqualified person under Part XVI or an individual subject to
an equivalent disqualification under the laws of a country
outside Seychelles;
(b) a minor;
(c) an incapacitated adult;
(d) an undischarged bankrupt;
(e) an individual who is, or at any time in the previous two years
has been, a director of the company;
(f) an individual who acts, or at any time in the previous two years
has acted, in a senior management position in relation to the
company and whose functions or responsibilities have included
functions or responsibilities in relation to the financial
management of the company;
(g) an individual who is a sole member of the company; and
(h) an individual who is a close family member of an individual
specified in paragraph (e), (f) or (g).
Amended since 2016
Act 32 of 2021 · 2021-08-02
47. Section 284 of the principal Act is amended —
(i) in subsection (1), by repealing the words “an individual”, and
substituting therefor the words “a person, who may be an
individual or a body corporate,”; and by repealing the words
“the individual”, and substituting therefor the words “the
person”;
(ii) in subsection (2) —
(A) in the chapeau, by repealing the word “individuals”,
and substituting therefor the word “persons”;
(B) in paragraph (a), by repealing the words “an
individual” and substituting therefor the words “a
person”;
(C) by inserting after paragraph (d), the following
paragraph —
“(da) a body corporate which is insolvent or in the
process of winding up or other dissolution;”;
(D) in paragraph (e), by repealing the words “an
individual”, and substituting therefor the words “a
person”;
(E) in paragraph (f), by repealing the words “an
individual”, and substituting therefor the words “a
person”;
(F) in paragraph (g), by repealing the words “an
individual”, and substituting therefor the words “a
person”; and by repealing the word “and” appearing at
the end;
(G) by repealing paragraph (h), and substituting therefor
the following paragraphs —
“(h) an individual who is a spouse, child, parent or
other close family member of a person specified in
paragraph (e), (f) or (g); and
(i) a body corporate —
(i) owned or controlled wholly or partly by
a person specified in paragraph (e), (f),
(g) or (h); or
(ii) that is a subsidiary or parent entity of a
body corporate specified in paragraph
(e), (f) or (g).”;
(iii) by inserting after subsection (2), the following subsection —
“(3) A body corporate appointed as liquidator of a
company under this section before the commencement of the
International Business Companies (Amendment) Act, 2021
shall be deemed to have been appointed under this section as
amended by the said Act.”.
(i) in subsection (1), by repealing the words “an individual”, and
substituting therefor the words “a person, who may be an
individual or a body corporate,”; and by repealing the words
“the individual”, and substituting therefor the words “the
person”;
(ii) in subsection (2) —
(A) in the chapeau, by repealing the word “individuals”,
and substituting therefor the word “persons”;
(B) in paragraph (a), by repealing the words “an
individual” and substituting therefor the words “a
person”;
(C) by inserting after paragraph (d), the following
paragraph —
“(da) a body corporate which is insolvent or in the
process of winding up or other dissolution;”;
(D) in paragraph (e), by repealing the words “an
individual”, and substituting therefor the words “a
person”;
(E) in paragraph (f), by repealing the words “an
individual”, and substituting therefor the words “a
person”;
(F) in paragraph (g), by repealing the words “an
individual”, and substituting therefor the words “a
person”; and by repealing the word “and” appearing at
the end;
(G) by repealing paragraph (h), and substituting therefor
the following paragraphs —
“(h) an individual who is a spouse, child, parent or
other close family member of a person specified in
paragraph (e), (f) or (g); and
(i) a body corporate —
(i) owned or controlled wholly or partly by
a person specified in paragraph (e), (f),
(g) or (h); or
(ii) that is a subsidiary or parent entity of a
body corporate specified in paragraph
(e), (f) or (g).”;
(iii) by inserting after subsection (2), the following subsection —
“(3) A body corporate appointed as liquidator of a
company under this section before the commencement of the
International Business Companies (Amendment) Act, 2021
shall be deemed to have been appointed under this section as
amended by the said Act.”.
