Commonwealth Numbered Acts

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COMPANIES ACT 1981 No. 89 of 1981 - SECT 319

Notification of appointment of scheme manager and power of Court to require report

319. (1) Where a person is appointed to administer a compromise or arrangement
that has been approved under this Part, he shall, within 14 days after he is
appointed, lodge with the Commission a notice in writing of his appointment.

(2) Where an application is made to the Court under this Part in relation to a
proposed compromise or arrangement, the Court may-

   (a)  before making any order on the application, require the Commission or
        another person specified by the Court to give to the Court a report as
        to the terms of the compromise or arrangement or of the scheme for the
        purposes of or in connection with which the compromise or arrangement
        has been proposed, the conduct of the officers of the corporation or
        corporations concerned and any other matters that, in the opinion of
        the Commission or that person, ought to be brought to the attention of
        the Court;

   (b)  in deciding the application, have regard to anything contained in the
        report; and

   (c)  make such order or orders as to the payment of the costs of preparing
        and giving the report as the Court thinks fit. 


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