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Section 447 Companies and Allied Matters Act (CAMA) 2020

Section 447 CAMA 2020

Section 447 Companies and Allied Matters Act is about General restrictions on appointment of administrator. It is under Chapter 18 (Administration of companies: nature of administration) of the Act.

(1) A person may be appointed as administrator of a company only if he is qualified to act as an insolvency practitioner in relation to the company.

(2) A person shall only be appointed as administrator of a company which is in administration, subject to the provisions of sections 525-534 and 537-541 of this Act about replacement and additional administrators.

(3) A person shall not be appointed as administrator of a company which is in liquidation by virtue of—

(a) a resolution for voluntary winding-up, subject to section 475 (2) (b)of this Act ; or

(b) a winding-up order, subject to sections 474 and 475 of this Act.

(4) A person shall not be appointed as administrator of a company which—

(a) has as a liability in respect of a deposit which it accepted in accordance with relevant banking laws ; and

(b) is not an authorised deposit taker within the meaning of banking laws and regulations.

(5) A person shall not be appointed as administrator of a company which effects or carries out contracts of insurance except with the leave of the insurance regulator.

See also  Section 862 Companies and Allied Matters Act (CAMA) 2020

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