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As enacted
Contents

Part XIII · Administrators Appointment of Administrator

401. Power of board to appoint administrator

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

(1)

Subject to the provisions of subsection (4) of this section, where the board of a company considers that—

(a)

the company is or is likely to become unable to pay its debts as they fall due ; and

(b)

the appointment of an administrator will be likely to achieve one or more of the purposes referred to in subsection (2), the board may resolve to appoint an administrator of a company.

(2)

The purposes for which an administrator may be appointed are —

(a)

the survival of the company and the whole or any part of its undertaking as a viable concern ;

(b)

the preparation and approval of a compromise under

Part IX or a compromise or arrangement under

Part X ; or

(c)

a more advantageous realisation of the company’s assets than would be likely on a winding up.

(3)

A resolution appointing an administrator shall specify the purpose or purposes for which the appointment is being made, and once passed may not be rescinded without the leave of the court.

(4)

A resolution shall not be passed by the board under this section where—

(a)

an order has been made for the winding up of the company ;

(b)

a receiver has been appointed in respect of the whole of the property and undertaking of the company, unless the person by whom or on whose behalf the receiver was appointed has consented to the making of the order ; or

(c)

an administrator has been appointed by the company on a previous occasion, unless the leave of the court to make the further appointment is first obtained.

(5)

A resolution passed in contravention of subsection (4) shall be void and of no effect.

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