Revised Laws of Saint Lucia (2021)

448.   Meeting of creditors

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    (1)   The company shall cause a meeting of the creditors of the company to be summoned for the day, or the day next following the day, on which there is to be held the meeting at which the resolution for voluntary winding-up is to be proposed, and shall cause the notices of the meeting of creditors to be sent by post to the creditors simultaneously with the sending of the notices of the meeting of the company.

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    (2)   The company shall cause notice of the meeting of the creditors to be advertised once in the Gazette or once at least in a newspaper printed and circulating in Saint Lucia.

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    (3)   The directors of the company shall—

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      (a)     cause a full statement of the position of the company's affairs together with a list of the creditors of the company and the estimated amount of their claims to be laid before the meeting of creditors; and

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      (b)     appoint one of their number to preside at the meeting.

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    (4)   The director appointed to preside at the meeting of creditors shall attend and preside at the meeting.

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    (5)   If the meeting of the company at which the resolution for voluntary winding-up is to be proposed is adjourned and the resolution is passed at an adjourned meeting, any resolution passed at the meeting of the creditors held under subsection (1) has effect as if it had been passed immediately after the passing of the resolution for winding-up the company.

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    (6)   If default is made by—

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      (a)     the company in complying with subsection (1) or (2);

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      (b)     the directors of the company in complying with subsection (3); or

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      (c)     any director of the company in complying with subsection (4),

the company or, as the case may be, each of the directors commits an offence, and, in the case of default by the company, every officer of the company who is in default commits an offence.