Section 763 of The Companies Act No. 17 of 2015: Power of Court to grant relief in certain cases

    

(1) This section applies to the following persons—
(a) an officer of a company;
(b) a person employed by a company as an auditor. (whether or not the person is an officer of the company).
(2) If, in proceedings for negligence, default, breach of duty or breach of trust against a person to whom this section applies, it appears to the court hearing the proceedings that—
(a) the person is or may be liable but acted honestly and reasonably; and
(b) having regard to all the circumstances of the case (including those connected with the appointment of the person) the person ought fairly to be excused, the court may relieve the person from liability (wholly or in part) on such terms as it considers appropriate.
(3) A person to whom this section applies may apply to the court for relief if the person reasonably believes that a claim will or might be made against the person in respect of negligence, default, breach of duty or breach of trust.
(4) On hearing an application made under subsection (2), the court has the same power to grant relief as it would have had if it had been a court before which proceedings for negligence, default, breach of duty or breach of trust had been brought against the person.


Disclaimer: This document is not to be taken as legal advise.

Enhance Your Research with Bookmarks and Annotations

Here's how you can use these features:

  • To bookmark this page, click the "Bookmark this Page" button below the document title.
  • To add an annotation, highlight text in the document and select "Add Annotation" from the toolbar that appears.
  • These features are great for organizing your research and keeping track of key information.
  • You can view and manage your bookmarks and annotations on your Bookmarks and Annotations page.

Cited By:



More Sections