Insolvency Act.pdf - Intax Info

More documents

Recommendations

Info

104. Enforcing payment of contributions of creditors by writ of execution Authentication of Accounts 105. Authentication of confirmed accounts by Master and transmission to magistrate and local inspection of same PART VIII Compositions and Rehabilitations Compositions 106. Offer of composition or security for composition by insolvent 107. Effect of acceptance of offer of composition 108. Payment of moneys in pursuance of offer of composition to be made through trustee Rehabilitations 109. Application for rehabilitation and conditions of making the same 110. Security to be furnished prior to application for rehabilitation 111. Facts to be averred by insolvent on application for rehabilitation 112. Opposition to or refusal by court of rehabilitation 113. Effect of order of rehabilitation 114. Illegal inducements to vote for composition or not to oppose rehabilitation 115. Proceedings to recover penalty PART IX Assignments 116. Voluntary assignments not affected 117. Meaning of assignment of estate by debtor 118. Debtor may assign his estate 119. Who may execute deed of assignment 120. Effect of execution of deed of assignment 121. Duties of debtor assigning estate to transmit schedules and give notice 122. Effect of publication of notice of assignment 123. When deed may be signed by creditors entitled to sign 124. When deed not signed 125. Duty of Master if creditors do or do not take action to set aside assignment or place estate under sequestration 126. Attestation of signatures to deed of assignment 127. Effect of registration of deed of assignment 128. Supervision of assigned estate by Master 129. Costs of assignment PART X Search Warrants and Examinations Concealed Property 130. Search warrants Examination of Insolvent and other Persons by Order of Court 131. Examination of insolvent and other persons and production of books and documents 132. Expenses of person examined 133. Apprehension of persons failing to appear to undergo examination 134. Committal to prison of persons refusing to answer questions or produce documents, etc. and bankers' evidence 135. Appeal to court against such order of committal 136. Limited protection of magistrate for warrant illegally issued by him Copyright Government of Botswana
PART XI Offences Offences prior to Sequestration or Assignment 137. Concealing, etc. books, assets, or destruction or disposition of same 138. Concealment of liabilities or pretence to existence of assets 139. Failure to keep proper records 140. Undue preferences, contracting debts without expectation of ability to pay, etc. Offences after Sequestration or Assignment 141. Failure to give information as to or delivery of assets, books, etc. 142. Obtaining credit during insolvency, offering inducements, etc. 143. Failure to attend meetings or give explanation of insolvency 144. False answers on oath while under examination 145. Failure to appear before meeting of creditors or before the court or a magistrate 146. Failure of debtor or spouse to appear to give evidence in proceedings 147. Inducement by consideration or promise to do or omit certain acts in relation to insolvent estate 148. Removing or concealing property to defeat an attachment or failure to give information 149. Liability of partners or administrators 150. Liability of agents and managers and evidence of liability or date thereof PART XII Judicial 151. Jurisdiction of the court 152. Review by and appeal to the court 153. Power of the President to make rules PART XIII Miscellaneous 154. Duty of trustee to assist in relation to prosecution of insolvent 155. Evidence 156. Formal defects 157. Notices 158. Proceedings against the trustee or assignee 159. Fees 160. Custody of documents and admissibility of copies 161. Destruction of documents 162. Saving of law as to land settlement 163. Special provision in case of sale of goods under a suspensive condition 164. Rights of purchaser of immovable property who has paid part of purchase price 165. Deceased estates placed under sequestration 166. Power of President to make regulations First Schedule - Forms Second Schedule Third Schedule - Fees Proc. 25, 1929, Proc. 21, 1930, Cap. 69, 1948, Cap. 82, 1959, Proc. 4, 1959, Proc. 29, 1961, Law 27, 1962, Copyright Government of Botswana
Page 1 and 2: SECTION CHAPTER 42:02 INSOLVENCY AR
Page 3: 67. Retention of moneys or employme
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
show all

Insolvency Act.pdf - Intax Info

Create successful ePaper yourself

Delete template?

Save as template?