MENU

Section 917 of The Companies Act No. 17 of 2015: When application to the Court may be made

    

(1) An application to the Court for restoration of a company to the Register maybe made at any time for the purpose of bringing proceedings against the company for damages for personal injury.
(2) An order may not be made on such an application if it appears to the Court that the proceedings would fail because of any written law limiting the time within which proceedings can be brought.
(3) In making that decision, the Court is required to have regard to its power under section 919 to direct that the period between the dissolution (or striking off) of the company and the making of the order is not to count for the purposes of any such enactment.
(4) In any other case an application to the Court for restoration of a company to the Register may not be made after the expiry of six years from the date of the dissolution of the company, but this subsection is subject to subsection (5).
(5) If—
(a) the company has been struck off the Register under section 894 or 895;
(b) an application to the Registrar has been made under section 912 before the deadline for making such an application; and
(c) the Registrar has refused the application, an application to the Court under this section may be made within twenty-eight days after notice of the Registrar's decision is issued. This subsection has effect even if the period of six years referred to in subsection (4) has expired.
(6) For the purposes of this section—
(a) “personal injury" includes any disease and any impairment of a person's physical or mental condition; and
(b) references to damages for personal injury include—
(i) any amount claimed under section 2 of the Law Reform Act
(Cap. 26); and
(ii) damages under the Fatal Accidents Act(Cap. 32).

« Previous:   Section 916 - Application to Court for restoration to the Register          Next: »   Section 918 - Decision on application for restoration by the Court

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