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Part XII

338. Duty of liquidator 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.

(1)

As soon as practicable after the liquidation of a company commences, the liquidator shall –

(a)

investigate the company’s affairs;

(b)

where a declaration has been made and filed under paragraph (b) of subsection (1) of section 302, consider whether or not the company will be able to pay its debts in full within the period specified in the declaration;

(c)

subject to subsection (2), 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

(ii)

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

(2)

For so long as section 302 applies to a company, paragraph (c) of subsection (1) shall not apply to the company unless the court orders otherwise on the application of a contributory.

Rescue, Rehabilitation and Insolvency

B - CONTRIBUTORIES