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As enacted
Contents

Part IX · Compromises with Creditors

249. Notice of proposed compromise

Official English translation. The Sinhala text prevails.

(1)

The proponent shall compile, in relation to each class of creditors of the company, a list of creditors known to the proponent who would be affected by the proposed compromise, and setting out—

(a)

the amount owing or estimated to be owing to each of them ; and

(b)

the number of votes which each of them is entitled to cast on a resolution approving the compromise.

(2)

The proponent shall give to each known creditor, the company, any receiver or administrator or liquidator respectively, and deliver to the Registrar—

(a)

a notice in accordance with the requirements specified in the Seventh Schedule hereto, of the intention to hold a meeting of creditors, or any two or more classes of creditors, for the purpose of voting on the resolution ; and

(b)

a statement—

(i)

containing the name and address of the proponent and the capacity in which the proponent is acting ;

(ii)

containing the address and telephone number to which inquiries may be directed during normal business hours ;

(iii)

setting out the terms of the proposed compromise and the reasons for it ;

(iv)

setting out the reasonably foreseeable consequences for creditors of the company of the compromise being approved ;

(v)

setting out the extent of any interest of a director in the proposed compromise ;

(vi)

explaining that the proposed compromise and any amendment to it proposed at a meeting of creditors or any classes of creditors, will be binding on all creditors or on all creditors of that class, if approved in accordance with the provisions of section 250 ; and

(vii)

containing detalis of any procedure proposed as part of the proposed compromise for varying the compromise following its approval ; and

(c)

a copy of the list or lists of creditors referred to in subsection (1).

Part X

Approval of Arrangements, Amalgamations, and Compromises by Court

Part XI

Provisions Relating to Offshore Companies

Part XII

Winding Up

Part XIII

Administrators Appointment of Administrator

Part XIV

Floating Charges

Part XV

Receivers and Managers

Part XVI

Registrar-General of Companies and Registration Appointment of Officers

Part XVII

Application of Act to Existing Companies

Part XVIII

Overseas Companies

Part XIX

Advisory Commission

Part XX

Companies Disputes Board

Part XXI

Offences Miscellaneous Offences

Part XXII

Miscellaneous Prohibition of Partnership with More Than Twenty Members

Part XXIII

Repeals and Amendments

Schedules