Revised Laws of Saint Lucia (2021)

457.   Powers and duties of liquidator in voluntary winding-up

  1.  

    (1)   The liquidator may—

    1.  

      (a)     in the case of a members' voluntary winding-up, with the sanction of a special resolution of the company and, in the case of a creditors' voluntary winding-up, with the sanction of either the court or the committee of inspection, exercise any of the powers given by section 406(1)(d) to 406(1)(f) to a liquidator in a winding-up by the Court;

    1.  

      (b)     exercise any of the other powers by this Act given to the liquidator in a winding-up by the Court;

    1.  

      (c)     exercise the power of the Court under this Act of settling a list of contributories, and the list of contributories shall be prima facie evidence of the liability of the persons named therein to be contributories;

    1.  

      (d)     exercise the power of the Court of making calls; and

    1.  

      (e)     summon general meetings of the company for the purpose of obtaining the sanction of the company by special resolution or for any other purpose he or she may think fit.

  1.  

    (2)   The liquidator shall pay the debts of the company and shall adjust the rights of the contributories among themselves.

  1.  

    (3)   When several liquidators are appointed, any power given by this Act may be exercised by such one or more of them as may be determined at the time of their appointment, or, in default of such determination, by any number not less than 2.

  1.  

    (4)   Unless the committee of inspection determines, or, as the case may be, the members otherwise determine, section 410 applies in the case of a liquidator in a voluntary winding-up as it applies in the case of a liquidator of a company being wound up by the Court.