S.L. 386.24 · Companies Act (Suspension Of Filing For (S.L. 386.24)
S.L. 386.24 Art. 3Suspension of article 218 of the Act in respect of creditors.
(1) The right granted under article 218 of the Act to any debenture holder, creditor or creditors to file for the dissolution and consequential winding up of a company in terms of article 214 of the Act is being suspended, and shall remain so suspended for a period of forty (40) days following an order of the Minister to lift such suspension.
(2) Any action or proceeding in court for the dissolution and winding up of a company in terms of article 214 of the Act filed in the Registry of Courts and Local Tribunals by any debenture holder, creditor, or creditors on or after 16th March, 2020 shall be stayed for a period of forty (40) days following an order of the Minister to lift such a stay.
(3) Notwithstanding the provisions of sub-regulations (1) and (2), the suspension or stay in terms of this regulation shall not prejudice the power of the Court to order the filing or hearing of applications in terms of article 214 and article 218 of the Act, whenever it is satisfied that the circumstances claimed in prima facie the application for winding up of the company arose prior to the 16th March 2020:
Provided that the Court may abbreviate the time limits stipulated in sub-regulations (1) and (2), if the said Court considers it reasonable and expedient to do so for the purpose of ensuring the proper and efficient administration of justice.
Änderungsgeschichte
- Amended by L.N. 71 of 2024
Verweist auf
- S.L. 386.24 Art. 214
- S.L. 386.24 Art. 218