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As enacted
Contents

Part XV · Receivers and Managers

436. Qualifications of receivers

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

(1)

The following persons may not be appointed or act as a receiver :—

(a)

a person who is under eighteen years of age ;

(b)

a creditor of the grantor ;

(c)

a person who is or who has within the period of two years immediately preceding the commencement of the receivership, been—

(i)

an officer or employee of the grantor; or

(ii)

an officer or employee of the mortgagee of the property in receivership;

(d)

a person who has or who has had within the period of two years preceding the commencement of the receivership, an interest, whether direct or indirect, in a share issued by the grantor;

(e)

a person who is an undischarged insolvent;

(f)

a person who has been adjudged to be of unsound mind under the Mental Diseases Ordinance (Cap.

227);

(g)

a person in respect of whom an order has been made under subsection (5) of section 468;

(h)

a person who was prohibited from being a director or promoter of or being concerned or taking part in the management of a company under section 186 of the Companies Act, No. 17 of 1982, or who would be so prohibited but for the repeal of that Act;

(i)

a person who is prohibited from being a director or promoter of or being concerned or taking part in the management of a company under section 213 or 214;

(j)

a person who is disqualified from acting as a receiver by the instrument that confers the power to appoint a receiver.

(2)

A body corporate shall not be appointed or act as a receiver.

(3)

A person who contravenes subsection (1) or subsection (2), shall be guilty of an offence and be liable on conviction to a fine not exceeding two hundred thousand rupees.

APPOINTMENT OF RECEIVER

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