Section 280 — Companies Act 1993: Qualifications of liquidators

280 Qualifications of liquidators (1) Unless the Court orders otherwise, none of the following persons may be appointed or act as a liquidator of a company: (a) A person less than 18 years old: (b) A creditor of the company in liquidation: (c) A person who has, within the 2 years immediately preceding the commencement of the liquidation, been a shareholder, director, auditor, or receiver of the company or of a related company: (ca) a person who has, or whose firm has, within the 2 years immediately before the commencement of the liquidation, provided professional services to the company, unless, within 20 working days before the appointment of the liquidator, the board of the company resolves that the company will, on the appointment of the liquidator, be able to pay its debts and a copy of the resolution is delivered to the Registrar for registration: (cb) a person who has, or whose firm has, within the 2 years immediately before the commencement of the liquidation, had a continuing business relationship (other than through the provision of banking or financial services) with the company, its majority shareholder, any of its directors, or any of its secured creditors, unless, within 20 working days before the appointment of the liquidator, the board of the company resolves that the company will, on the appointment of the liquidator, be able to pay its debts and a copy of the resolution is delivered to the Registrar for registration: (d) An undischarged bankrupt: (e) A person who is, or is deemed to be, subject to a compulsory treatment order made under Part 2 of the Mental Health (Compulsory Assessment and Treatment) Act 1992 : (f) A person in respect of whom an order has been made under section 30 or section 31 of the Protection of Personal and Property Rights Act 1988 : (g) A person in respect of whom an order has been made under section 286(5) of this Act: (h) A person in respect of whom an order has been made under section 37(6) of the Receiverships Act 1993 : (ha) A person who would, but for the repeal of section 188A or section 189 or section 189A of the Companies Act 1955, be prohibited from being a director or promoter of, or being concerned or taking part in the management of, a company within the meaning of that Act: (i) A person who is prohibited from being a director or promoter of or being concerned or taking part in the management of a company under section 199K or section 199L of the Companies Act 1955 or who would be so prohibited but for the repeal of that Act: (j) A person who is prohibited from being an officer or promoter of, or being concerned or taking part in the management of, a company under section 199N of the Companies Act 1955 or who would be so prohibited but for the repeal of that Act: (k) A person who is prohibited from being a director or promoter of or being concerned or taking part in the management of a company under section 382 or section 383 or section 385 of this Act: (ka) a person who is prohibited from being a director or promoter of, or being concerned or taking part in the management of, an incorporated or unincorporated body under the Securities Act 1978 , or the Securities Markets Act 1988 , or the Takeovers Act 1993 : (l) A person who is prohibited under section 299(1)(c) of the Insolvency Act 2006 from acting as a director or taking part directly or indirectly in the management of any company or class of company. (m) a person who is prohibited from being administrator or deed administrator under section 239ADV . (1A) Subsection (1)(ca) or (cb) does not apply if all the creditors consent to the appointment of the person in question. (2) A body corporate must not be appointed or act as a liquidator. (3) A person who contravenes subsection (1) or subsection (2) of this section commits an offence and is liable on conviction to the penalty set out in section 373(2) of this Act. (4) A person other than the Official Assignee must not be appointed a liquidator unless he or she has first certified in writing that he or she is not disqualified under subsection (1). Section 280(1)(ca): inserted, on 1 November 2007, by section 24(1) of the Companies Amendment Act 2006 (2006 No 56). Section 280(1)(cb): inserted, on 1 November 2007, by section 24(1) of the Companies Amendment Act 2006 (2006 No 56). Subsection (1)(ha) was inserted, as from 1 July 1994, by section 33 Companies Act 1993 Amendment Act 1994 (1994 No 6). Subsection (1)(ka) was inserted, as from 25 October 2006, by section 25 Securities Amendment Act 2006 (2006 No 46). Section 280(1)(l): amended, on 3 December 2007, by section 445 of the Insolvency Act 2006 (2006 No 55). Section 280(1)(m): added, on 1 November 2007, by section 24(2) of the Companies Amendment Act 2006 (2006 No 56). Section 280(1A): inserted, on 1 November 2007, by section 24(3) of the Companies Amendment Act 2006 (2006 No 56). Section 280(4): added, on 1 November 2007, by section 24(4) of the Companies Amendment Act 2006 (2006 No 56).