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Contents

Part XII

312. Who may be appointed and act as liquidator

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

(1)

Other than the Official Receiver, a person may be appointed or act as liquidator of a company, only if the person –

(a)

is qualified under section 12 to be appointed and act as a key office holder with respect to the liquidation;

(b)

is not disqualified under section 313 from being appointed or acting as a liquidator;

(c)

has certified in writing that the person –

(i)

is qualified under section 12 to be appointed and to act as a key office holder with respect to the liquidation; and

(ii)

is not disqualified under section 313 from being appointed or acting as a liquidator; and

(d)

has consented in writing to the appointment and has not withdrawn the consent at the time of appointment.

Rescue, Rehabilitation and Insolvency

(2)

A person other than the Official Receiver who, with the person’s consent, is appointed or acts as liquidator of a company knowing that any of the requirements of paragraphs (a), (b) and (c) of subsection (1) has not been met, commits an offence.