අන්තර්ගතයට යන්න

මෙම අතුරුමුහුණත යන්ත්‍රයෙන් පරිවර්තනය කර ඇත. නීති සහ අධිකරණ තීන්දු ඒවායේ මූලාශ්‍ර භාෂාවෙන් පෙන්වනු ලැබේ.

පනවන ලද පරිදි
පටුන

Part XV

430. Sending of documents to creditors and opted-out creditors

නිල ඉංග්‍රීසි පරිවර්තනය. සිංහල පාඨය බලපවත්වයි. නිල Sinhala පාඨය විවෘත කරන්න, documents.gov.lk හි නිල PDF

(1)

Where this Act or a regulation made thereunder requires an office holder to send a document to creditors, including creditors of a particular class, the requirement is complied with by the sending of the document to all such creditors of whose address the office holder is aware other than opted-out creditors, except where –

(a)

the Act or the regulation provides otherwise;

or

(b)

a court orders otherwise.

(2)

A creditor may at any time, and for any reason, elect to be an opted-out creditor by giving written notice, in such form as may be prescribed, to an office holder.

(3)

An opted-out creditor may at any time, and for any reason, elect to cease to be an opted-out creditor by giving written notice, in such form as may be prescribed, to an office holder.

(4)

An office holder shall, in the first written communication with a creditor, give notice, in such form as may be prescribed, that the creditor –

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(a)

may elect to be an opted-out creditor; and

(b)

may subsequently elect to cease to be an opted-out creditor.

(5)

An office holder shall treat a creditor as an opted-out creditor from the opt-out time to the earlier of –

(a)

the time at which the office holder ceases to hold office; and

(b)

the opt-out withdrawal time.

(6)

In this section –

(a)

“opt-out time” is the earliest time, after the giving of notice by a creditor under subsection (2), at which it is reasonably practicable for the office holder to treat the creditor as an opted-out creditor;

(b)

“opt-out withdrawal time” is the earliest time, after the giving of notice by a creditor under subsection (3), at which it is reasonably practicable for the office holder to cease to treat the creditor as an opted-out creditor; and

(c)

“opted-out creditor”, with respect to an office holder, means a person who –

(i)

is a creditor of the company;

(ii)

has given a notice to the office holder under subsection (2); and

(iii)

has not given a notice to the office holder under subsection (3).

Rescue, Rehabilitation and Insolvency