Companies Act 2007 · As enacted · Part IX · Compromises with Creditors
249. Notice of proposed compromise
Official English translation. The Sinhala text prevails.
Official translationFrom Department of Government Printing, unchanged
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—
the amount owing or estimated to be owing to each of them ; and
the number of votes which each of them is entitled to cast on a resolution approving the compromise.
The proponent shall give to each known creditor, the company, any receiver or administrator or liquidator respectively, and deliver to the Registrar—
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
a statement—
containing the name and address of the proponent and the capacity in which the proponent is acting ;
containing the address and telephone number to which inquiries may be directed during normal business hours ;
setting out the terms of the proposed compromise and the reasons for it ;
setting out the reasonably foreseeable consequences for creditors of the company of the compromise being approved ;
setting out the extent of any interest of a director in the proposed compromise ;
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
containing detalis of any procedure proposed as part of the proposed compromise for varying the compromise following its approval ; and
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