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Contents

Part I

11. Instances when an Official Receiver shall not act as a Bankruptcy Trustee

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

(1)

A person holding the office of Official Receiver shall not be appointed, act or continue to act as Bankruptcy

Trustee if –

(a)

the person holding the office of Official Receiver is a creditor of the debtor in Bankruptcy; and

Rescue, Rehabilitation and Insolvency

(b)

the creditors decide, by resolution, that they do not wish the person to act as such.

(2)

A person holding the office of Official Receiver shall not be appointed, act or continue to act as liquidator or provisional liquidator of a company if –

(a)

the person holding the office of Official Receiver is a creditor of such company; and

(b)

the creditors decide, by resolution, that they do not wish the person to act as such.

(3)

Where the creditors adopt a resolution of the kind referred to in paragraph (b) of subsection (1) or paragraph (b)

of subsection (2), the Director-General shall appoint another person from among those appointed under subsection (1)

of section 8 to act as Bankruptcy Trustee, liquidator or provisional liquidator.

CHAPTER 3

Insolvency Practitioners

Part II

Personal Insolvency: Principles

Part III

Debt Protection Moratorium Order

Part IV

Debt Restructuring Arrangements

Part V

Debt Rehabilitation Orders

Part VI

Part VII

Personal Insolvency Register

Part VIII

Part IX

Part X

Compromises

Part XI

Micro Small Medium Enterprise (MSME) Company Debt Restructuring Arrangements

Part XII

Part XIII

Part XIV

Cross - Border Insolvency

Part XV

Part XVI

Part XVII

Schedules