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Contents

Part IX

238. Duty of administrator to investigate company’s aff airs

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

As soon as practicable after the administration of a company commences, an administrator shall –

(a)

investigate the company’s affairs;

(b)

consider whether the company may have been a party to a voidable transaction or a transaction at an undervalue, and determine in respect of possible voidable transactions and transactions at an undervalue whether or not it would be in the creditors’ interests –

(i)

to carry out investigations in relation to them; and

Rescue, Rehabilitation and Insolvency

(ii)

to apply to the court under section 415 and to seek recovery under section 418; and

(c)

form an opinion as to whether it would be in the creditors’ interests for –

(i)

the company to make a deed of company arrangement;

(ii)

a liquidator to be appointed; or

(iii)

the administration to end otherwise.

B-DUTIES TO REPORT

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