Insolvency Act.pdf - Intax Info

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33. Indemnification by trustee of creditors 34. Sales of a business 35. Contracts to buy immovable property 36. Sales for cash 37. Leases 38. Effect of sequestration on apprenticeship agreements PART IV Meetings of Creditors Meetings: How Convened and When 39. Time and place of meetings of creditors 40. First and second meetings 41. When further meetings to be called and notice of the same 42. Special meetings Proof of Debts 43. Proof of liquidated claims 44. Duty of the trustee upon delivery of claims to him 45. Mutual dealings and set-off 46. Particulars of tacit hypothec or right of retention to be specially mentioned 47. Proof of conditional claim 48. Provisions in case of simultaneous sequestration of partnership estate and estate of a partner 49. Mode in which claims to be made up 50. Withdrawal of claim and conditions thereof Voting at Meetings: Recording Resolutions 51. Right to vote and reckoning of votes 52. Questions upon which creditors may vote Election of Trustee 53. Time of election of trustees and number to be elected and manner of election 54. Provisions in case no trustee elected at any meeting Examination of the Insolvent 55. Insolvent to attend without notice first and second meetings of creditors 56. Examination of insolvent 57. Steps to be taken on suspicion of an offence PART V Liquidation and Distribution of Estate Appointment and Removal of Trustees and Provisional Trustees 58. Power of court to appoint provisional trustees 59. Persons disqualified from being elected trustees 60. Power of court to declare a person disqualified from being a trustee 61. Grounds for removal of trustee 62. Circumstances under which a trustee may resign from office or absent himself from Botswana 63. Election of new trustee on resignation or removal of a trustee 64. Election of new trustee on death of trustee 65. Confirmation of election of trustee by court or Master Duties and Powers of Trustee in the Liquidation of the Estate 66. Opening of banking account and books Copyright Government of Botswana
67. Retention of moneys or employment of assets by trustees 68. Legal proceedings against the estate 69. Power of trustee to take legal advice 70. Improper advising or conduct of legal proceedings 71. Recovery of debts due to estate 72. Subsistence allowance for insolvent and family 73. Sale of movable property on authorization of Master 74. Continuation of insolvent's business 75. Duty of trustee at second meeting to report and take instructions in certain matters 76. What reports to be made at second meeting of creditors 77. Sale of property after second meeting and manner of sale 78. Realization of securities 79. Power to compound for debts due to the estate and to submit matters in dispute to arbitration 80. Continuance of pending legal proceedings by surviving or new trustee 81. Remuneration of trustee or curator bonis PART VI Application of Assets Costs and Preferent Claims 82. Funeral expenses; deathbed expenses 83. Costs of sequestration 84. Costs of execution 85. Servants' wages 86. Preference in regard to taxes on income Secured Claims 87. Landlord's hypothec 88. Effect of general bond and general clause; mortgages for future advances 89. Costs to which securities are subject Distributions 90. Distribution to creditors 91. Equalizing dividends in case of late proof Contributions 92. Contributions by creditors towards costs of sequestration when free residue insufficient PART VII Trustee's Accounts Form of Accounts 93. Liquidation account and plan of distribution 94. Manner in which plan of distribution and plan of contribution to be prepared 95. Power to apply to the court for an order on the trustee to lodge liquidation account 96. Costs where Master has refused to grant trustee extension of time Confirmation of Account: Dividends and Contributions 97. Inspection of account: places for and period of 98. Objections by insolvent or other interested parties to account 99. Confirmation of account 100. Distribution of estate and collection of contributions from creditors 101. Trustee to produce acquittances for dividends or to pay over unpaid dividends 102. Application to court for an order to pay dividend 103. Surplus money to be paid to Master Copyright Government of Botswana
Page 1: SECTION CHAPTER 42:02 INSOLVENCY AR
Page 5 and 6: PART XI Offences Offences prior to
Page 7 and 8: interest is represented; "Master" m
Page 9 and 10: section 7. (2) After publication of
Page 11 and 12: (a) (b) (c) the petitioning credito
Page 13 and 14: epresent him when the sheriff is ma
Page 15 and 16: trustee, and the court is satisfied
Page 17 and 18: Provided that if it is shown that t
Page 19 and 20: (1) Proceedings to set aside any di
Page 21 and 22: Master as soon as the meeting is cl
Page 23 and 24: (3) On demand the creditor shall de
Page 25 and 26: a trustee, or apply, at the cost of
Page 27 and 28: (f) a former trustee disqualified u
Page 29 and 30: address by advertisement in the Gaz
Page 31 and 32: Provided that, if he carries on the
Page 33 and 34: (a) (b) (c) (d) if it is a marketab
Page 35 and 36: 89. (a) (b) (c) (2) The costs of se
Page 37 and 38: confirmation of the distribution ac
Page 39 and 40: (a) (b) (c) (d) a record of the val
Page 41 and 42: (b) (c) an objection has been lodge
Page 43 and 44: property and re-invest the insolven
Page 45 and 46: satisfied that the opposition was n
Page 47 and 48: shall lie for the inspection of cre
Page 49 and 50: same conditions and with the same r
Page 51 and 52: 134. Committal to prison of persons
Page 53 and 54:
(c) all cheques drawn during the pe
Page 55 and 56:
(b) (c) (d) if, being an insolvent
Page 57 and 58:
(1) The court may rescind, vary or
Page 59 and 60:
(3) Certified copies or extracts ma
Page 61 and 62:
elsewhere ...................... To
Page 63 and 64:
Sworn this ........................
Page 65 and 66:
........... at ............ o'clock
Page 67 and 68:
same. 8. The Sheriff may pay rent i
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