Sri Lanka Consolidated Acts

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Companies Act (No. 17 of 1982) - Sect 367

Disposal of books and papers of company

367.
(1) Where a company has been wound up and is about to be dissolved, the books and papers of the company and of the liquidators may be disposed of as follows, that is to say:
(a) in the case of a winding up by, or subject to the supervision of, the court in such way as the court directs ;
(b) in the case of a members' voluntary winding up, in such way as the company by extraordinary resolution directs, and, in the case of a creditors voluntary winding up, in such way as the committee of inspection or, where there is no such committee, as the creditors of the company, may direct.
(2) After five years from the date of dissolution of the company no responsibility shall rest on the company, the liquidators, or any person to whom the custody of the books and papers has been committed, by reason of any book or paper not being forthcoming to any person claiming to be interested therein.
(3) Rules may be made for enabling the Registrar to prevent, for such period (not exceeding five years from the date of dissolution of the company) as he thinks fit, the destruction of the books and papers of a company which has been wound up, and for enabling any creditor or contributory of the company to make representations to the Registrar and to appeal to the court from any direction which may be given by the Registrar in the matter.
(4) Where any person acts in contravention of any rule made under the provisions of subsection (3) or of any direction of the Registrar thereunder, he shall be guilty of an offence and shall be liable to a fine not exceeding one thousand rupees.


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