Chapter-2 Insolvency Proceedings

Section 7: Company deemed to have become insolvent

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1) Save as proved otherwise, a company shall be deemed to have become insolvent on the following condition:

(a) The general meeting of shareholders adopts a resolution that the company has become insolvent, or a meeting of the board of directors of the company makes such decision, or

(b) The Court issues an order requiring the company to pay the debt, and the debt is not paid up within thirty-five days from the date of receipt by the company of such order or

(c) The company fails to pay the debt within thirty-five days after the service by the creditor on the company a notice for the payment of the debt or fails to make an application to the Court within the said period to void such notice.

2) Nothing contained in this Section shall prevent the establishment of the fact that a company has become insolvent where it is proved from any other matter that the liability of the company exceeds the value of the assets of the company or the company itself admits that it has become insolvent.

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Section 7: Company deemed to have become insolvent

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