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As enacted
Contents

Part XV · Receivers and Managers

442. Vacancy in office of receiver

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

(1)

The office of receiver shall become vacant if the person holding office resigns, dies, or becomes disqualified under section 436.

(2)

A receiver appointed under a power conferred by an instrument, may resign office by giving not less than five working days’ written notice of his intention to resign, to the person by whom the receiver was appointed.

(3)

If, for any reason other than resignation, a vacancy occurs in the office of receiver, written notice of the vacancy shall forthwith be delivered to the Registrar by the person vacating office or if that person is unable to act, by his legal representative.

(4)

A receiver appointed by the court shall not resign office without prior leave of the court.

(5)

A person vacating the office of receiver shall where practicable, provide such information and give such assistance in the conduct of the receivership to his or her successor as that person may reasonably require.

(6)

On the application of a person appointed to fill a vacancy in the office of receiver, the court may make any order that it considers necessary or desirable to facilitate the performance of the receiver’s duties.

(7)

Every person who fails without reasonable cause to comply with subsection (3), shall be guilty of an offence and be liable on conviction to a fine not exceeding fifty thousand rupees.

POWERS OF RECEIVERS

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