Section 440 of Insolvency Act CAP 53: Creditors' choice to prevail if meetings of creditors and contributors nominate different liquidators

    

(1) If a company is being liquidated by the Court and separate meetings of the company's creditors and the company's contributories are convened for the purpose of choosing a person to be liquidator of the company, the creditors and the contributories at their respective meetings may nominate a person to be the liquidator of the company.
(2) The liquidator is—
(a) the person nominated by the creditors; or
(b) if no person is so nominated, the person (if any) nominated by the contributories.
(3) If different persons are nominated, a contributory or creditor may, within seven days after the date on which the nomination was made by the creditors, apply to the Court for an order either—
(a) appointing the person nominated as liquidator by the contributories to be a liquidator instead of, or jointly with, the person nominated by the creditors; or
(b) appointing some other person to be liquidator instead of the person nominated by the creditors.


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

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