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Companies Act, 1973 (Act No. 61 of 1973)

Chapter XIV: Winding-up of Companies

General Provisions Affecting all Windings-up

356. Notice of winding-up of company

 

 

1) The Master shall upon receipt of a copy of any winding-up order of any company lodged with him give notice of such winding-up in the Gazette.

 

2) Any company which has passed a special resolution under section 349 for its voluntary winding-up, shall within 28 days after the registration of that resolution in terms of section 200-
a) lodge with the Master a certified copy of the resolution concerned, together with-
i) in the case of a members' voluntary winding-up if any further resolution nominating a person or persons for appointment as liquidator or liquidators of the company has been passed, a certified copy of that resolution; or
ii) in the case of a creditors' voluntary winding-up, two certified copies of the statement referred to in section 363(1); and
b) give notice of the voluntary winding-up of the company in the Gazette.

 

3) Any company which fails to comply with any provision of subsection (2) and every director or officer thereof who knowingly authorised or permitted such failure, shall be guilty of an offence.