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As enacted
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Part VIII · Liability of Certain Persons to Pay Levy

40. Persons liable to pay levy upon liquidation of a company or dissolution of a body of persons

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

(1)

Notwithstanding anything in the Companies

Act, No. 7 of 2007, where a company is wound up and where any levy to which that company is liable cannot be recovered, then, every person who was a director of the company at any time during the period in respect of which such levy is payable shall be jointly and severally liable for the payment of such levy unless such person proves that the default in payment of the levy cannot be attributed to any gross neglect, malfeasance or breach of duty on his part in relation to the affairs of the company, and the provisions of this Act relating to collection and recovery of levy shall apply accordingly.

(2)

Where a body of persons is dissolved and where any levy to which that body of persons is liable cannot be recovered, then, every person who was a partner or an office-bearer of such body of persons at any time during the period in respect of which such levy is payable shall be jointly and severally liable for the payment of such levy unless he proves that the default in payment of the levy cannot be attributed to any gross neglect, malfeasance or breach of duty on his part in relation to the affairs of such unincorporated body and the provisions of this Act relating to collection and recovery of levy shall apply accordingly.

Part IX

Offences and Penalties

Part X

Miscellaneous

Part XI

Adminstration Provisions

Part XII

General

Schedules