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As enacted
Contents

Part XII · Winding Up

334. Meeting of creditors

Official English translation. Where it differs from the Sinhala or Tamil text, the Act itself says which text prevails.

(1)

The company shall cause a meeting of the creditors of the company to be summoned for the day or the day next following the day, on which there is to be held the meeting at which the resolution for voluntary winding up is to be proposed, and shall cause the notices of such meeting of creditors to be sent by post to the creditors, simultaneously with the sending of the notices of the said meeting of the company.

(2)

The company shall cause notice of the meeting of the creditors to be published in the Gazette and at least in two local newspapers circulating in the district where the registered office or principal place of business of the company is situated.

(3)

The directors of the company shall—

(a)

cause a full statement of the position of the company’s affairs together with a list of creditors of the company and the estimated amount of their claims are to be laid before the meeting of creditors to be held, as referred to in subsection (1) ; and

(b)

appoint one of their number to preside at such meeting.

(4)

It shall be the duty of the director appointed to preside at the meeting of creditors to attend the meeting and preside thereat.

(5)

Where the meeting of the company at which the resolution for voluntary winding up is to be proposed is adjourned and the resolution is passed at an adjourned meeting, any resolution passed at the meeting of the creditors held in pursuance of the provisions of subsection (1), shall have effect as if it had been passed immediately after the passing of the resolution for winding up of the company.

(6)

Where default is made—

(a)

by the company in complying with the provisions of subsections (1) and (2) ;

(b)

by the directors of the company in complying with the provisions of subsection (3) ;

(c)

by any director of the company in complying with the provisions of subsection (4), such company or any such director, as the case may be, shall be guilty of an offence and be liable on conviction to a fine not exceeding two hundred thousand rupees and in the case of default by the company, every officer of the company who is in default shall be guilty of an offence and be liable on conviction to a penalty not exceeding one hundred thousand rupees.

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