a) State FOUR persons who are incompetent to be appointed liquidators. (4 marks)

Section 252 of ACT 179 lists out the following persons as being incompetent to be liquidators:

  • An infant.
  • A person found by a court of competent jurisdiction to be a person of unsound mind.
  • A body corporate.
  • A person convicted on indictment, whether in the Republic or elsewhere, of an offence involving fraud or dishonesty or of an offence in connection with the promotion or management of a body corporate.
  • An undischarged bankrupt or any other person subject to insolvency proceedings under the Insolvency Act, 1962 ACT 153.
  • A director of a company is not qualified for appointment as a liquidator of that company.
  • An auditor of a company shall not be appointed as liquidator in a private liquidation unless on the appointment, a special resolution is duly passed dispensing with the auditing of the accounts of that auditor.
    (1 point each for 4 marks)