ACT 125
COMPANIES ACT 1965 (REVISED - 1973)
PART II - ADMINISTRATION OF ACT

 
Section 10. Disqualification of liquidators.
 
Section 10. Disqualification of liquidators. (COMPANIES ACT 1965 (REVISED - 1973) - ACT 125) (1) Subject to this section a person shall not, except with the leave of the Court, consent to be appointed, and shall not act, as liquidator of a company—

    (a) if he is not an approved liquidator;

    (b) if he is indebted to the company or to a corporation that is deemed to be related to the company by virtue of section 6 in an amount exceeding two thousand five hundred ringgit;

    (c) if he is—

      (i) an officer of the company;

      (ii) a partner, employer or employee of an officer of the company; or

      (iii) a partner or employee of an employee of an officer of the company;

    (d) if he becomes bankrupt;

    (e) if he assigns his estate for the benefit of his creditors or makes an arrangement with his creditors pursuant to any law relating to bankruptcy; or

    (f) if he is convicted of an offence involving fraud or dishonesty punishable on conviction by imprisonment for three months or more.

Penalty: Thirty thousand ringgit.

(2) Paragraphs (1)(a) and (c) shall not apply—

    (a) to a members' voluntary winding up; or

    (b) to a creditors' voluntary winding up if, by a resolution carried by a majority of the creditors in number and value present in person or by proxy and voting at a meeting of which seven days' notice has been given to every creditor stating the object of the meeting, it is determined those paragraphs or either of them shall not apply.

(3) For the purposes of subsection (1), a person shall be deemed to be an officer of a company if he is an officer of a corporation that is deemed to be related to the company by virtue of section 6 or has, at any time within the preceding period of twenty-four months, been an officer or promoter of the company or of such a corporation.

(4) A person shall not be appointed as liquidator of a company unless he has prior to the appointment consented in writing to act as such liquidator.

(5) Nothing in this section shall affect any appointment of a liquidator made before the commencement of this Act.