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Contents

Part IX

214. Business at outcome meeting

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

(1)

This section applies in the circumstances referred to in subsection (1) of sections 211 and subsection (3) of 216.

(2)

At an outcome meeting, the creditors may –

(a)

by resolution, approve a proposed deed of company arrangement specified in the resolution, even if its terms are different from those set out in the administrator’s statement referred to in paragraph (d) of subsection (7) of section 213;

Rescue, Rehabilitation and Insolvency

(b)

unless the company is already in liquidation, by resolution appoint a liquidator; or

(c)

by resolution end the administration.

(3)

The Fifth Schedule shall apply to an outcome meeting.

(4)

The administrator and the directors of the company shall, before the meeting votes on any resolution, inform the meeting of any voting arrangement of which the administrator or a director, as the case may be, is aware that requires any creditor to vote in a particular way on any resolution that will or may be voted on by the meeting.

(5)

A deed of company arrangement approved by the creditors under paragraph (a) of subsection (2) takes effect as if made by the company, on the day on which, and at the time at which, the resolution approving the deed is passed.

(6)

Subject to subsection (7), the directors of the company shall attend the outcome meeting, including any occasion to which the meeting is adjourned, but cannot be required to answer questions at the meeting.

(7)

A director need not attend the outcome meeting where –

(a)

the director has a valid reason for not attending;

or

(b)

the administrator has, or the creditors by resolution have, excused the director from attending.

(8)

A director of the company attending the outcome meeting shall for all or part of the remainder of the meeting, leave the meeting, if the creditors, by resolution, decide that the director should do so.

Rescue, Rehabilitation and Insolvency

(9)

The administrator shall record in the resolution of creditors made under subsection (2) the date on which, and the time at which, the resolution was passed.

(10)

Within five working days after the outcome meeting, the administrator shall –

(a)

give written notice of the outcome of the resolution of creditors made under subsection (2), to as many of the company’s creditors as is reasonably practicable;

(b)

give public notice of that outcome; and

(c)

send a copy of the notice referred to in paragraph (a) to the Registrar and Authority.

C - EXPEDITED ROUTE

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