Co-operatives Act, 2005 (Act No. 14 of 2005)

Regulations

Co-operatives Administrative Regulations, 2016

Chapter 2 : Winding Up and Judicial Management of Co-operatives

Part A : Winding-Up of Co-operatives

Functions of liquidators

90. Powers of liquidator

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(1)A liquidator may subject to the provisions of the Act and these regulations do anything reasonably necessary for the effective performance of his or her duties, and may in particular—
(a)with the approval of the registrar institute, defend or take any action or other legal proceeding of a civil nature in the name and on behalf of the co-operative;
(b)with the approval of the registrar obtain legal advice on any question of law affecting the winding-up of the co-operative;
(c)carry on any part of the business of the co-operative in so far as may be necessary for the beneficial winding-up thereof;
(d)with the approval of the registrar agree to any reasonable offer of composition made to the co-operative by any debtor, and accept payment of  any part of a debt due to the co-operative in settlement thereof;
(e)with the approval of the registrar write off any debts;
(f)submit to the determination of arbitrators any dispute concerning the co-operative of a claim by the co-operative;
(g)terminate contracts to which the co-operative is a party.

 

(2)A liquidator must not dispose of immovable property of a co-operative except with the approval of the registrar.