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BRITISH VIRGIN ISLANDS - Mossack Fonseca & Co.

BRITISH VIRGIN ISLANDS - Mossack Fonseca & Co.

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Termination of<br />

voluntary<br />

liquidation.<br />

26/2005<br />

12/2006<br />

12/2006<br />

12/2006<br />

12/2006<br />

12/2006<br />

133<br />

undivided interest therein, in equal or unequal proportions.<br />

(2) Notwithstanding subsection (1)(h), a voluntary liquidator shall not, without<br />

the permission of the <strong>Co</strong>urt, carry on the business of a company in<br />

voluntary liquidation for a period of more than two years.<br />

207A. (1) The <strong>Co</strong>urt may, at any time after the appointment of a voluntary<br />

liquidator under section 199, make an order terminating the liquidation if it<br />

is satisfied that it would be just and equitable to do so.<br />

(2) An application for an order under subsection (1) may be made by the<br />

voluntary liquidator or by a director, member or creditor of the<br />

company.<br />

(3) Before making an order under subsection (1), the <strong>Co</strong>urt may require the<br />

voluntary liquidator to file a report with respect to any matters relevant<br />

to the application.<br />

(3A) An application for an order under subsection (1) if made by a person<br />

other than the voluntary liquidator, must be served on the voluntary<br />

liquidator who shall be entitled to be heard on the hearing of the<br />

application.<br />

(4) An order under subsection (1) may be made subject to such terms and<br />

conditions as the <strong>Co</strong>urt considers appropriate and, on making the<br />

order or at any time thereafter, the <strong>Co</strong>urt may give such supplemental<br />

directions or make such other order as it considers fit in connection<br />

with the termination of the liquidation.<br />

(5) Where the <strong>Co</strong>urt makes an order under subsection (1), the company<br />

ceases to be in voluntary liquidation and the voluntary liquidator ceases<br />

to hold office with effect from the date of the order or such later date<br />

as may be specified in the order.<br />

(6) Where the <strong>Co</strong>urt makes an order under subsection (1), the person who<br />

applied for the order shall, within five days of the date of the order<br />

(a) if that person is not the voluntary liquidator, serve a sealed<br />

copy of the order on the voluntary liquidator; and<br />

(b) file a sealed copy of the order.<br />

(7) A person who contravenes subsection (6) commits an offence and is<br />

liable on summary conviction to a fine $1,000.<br />

AE/ET/Pub./bg/03.2007

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