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Contents

Part IX

231. Court may rule on validity of a deed

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

(1)

On the application of a person referred to in subsection (2), the court may in the case of –

(a)

a deed of company arrangement that is in force, make an order declaring the deed void; or

(b)

a proposed deed of company arrangement, make such order as may be necessary, including the granting of permission for the proposed deed to take effect subject to certain conditions.

(2)

(a)

A deed shall be declared void where the court is satisfied that in the case of a deed –

(i)

there has been a material irregularity in obtaining approval of the deed of company arrangement;

Rescue, Rehabilitation and Insolvency

(ii)

the deed does not comply with the requirements in section 223;

(iii)

there has been a material contravention of the deed by a person bound by it; or

(iv)

the deed should be declared void according to law.

(3)

The court shall not grant permission for the proposed deed to take effect where the court is satisfied that, if it were to take effect it would not comply with the requirements in section 223.

(4)

Any of the following persons may make an application to the court under subsection (1) :–

(a)

the administrator;

(b)

the deed administrator or a person to be appointed as a deed administrator;

(c)

a creditor;

(d)

any other person with an interest in the company; or

(e)

the Authority.

(5)

An application for an order under paragraph (a) of subsection (1) shall be made within such period as may be prescribed.

(6)

In making an order under paragraph (a) of subsection (1), declaring a deed of company arrangement void, the court shall specify in the order the consequences of such declaration.

Rescue, Rehabilitation and Insolvency

CHAPTER 7

Powers of Administrator

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