Sri Lanka Consolidated Acts

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Companies Act (No. 17 of 1982) - Sect 369

Unclaimed assets to be paid in companies liquidation Account

369.
(1) In the winding up of a company where it appears either from any statement sent to the Registrar under the Provisions of section 368 or otherwise that a liquidator has in his hands or under his control any money representing unclaimed or undistributed assets of the company which have remained unclaimed or undistributed for six months from the date of their receipt or any money held by the company in trust in respect of dividends or other sums due to any person as a member of the company the liquidator shall forthwith pay the said money to the Companies Liquidation Account and shall be entitled to the prescribed certificate of receipt for the money so paid, and that certificate shall be an effectual discharge to him in respect thereof.
(2) For the purpose of ascertaining and getting in any money payable into the Companies Liquidation Account in pursuance of the provisions of this section, the Registrar "may order any liquidator or other person to submit to him an account verified by affidavit, of any such money as is referred to in subsection (1) and may direct and enforce an audit of that account in such manner as may be prescribed. The Registrar may from time to time appoint a person to collect and get in any such money and for the purposes of this section any court having jurisdiction in insolvency shall have, and, at the instance of the person so appointed or of the Registrar, may exercise all the powers conferred by the Insolvency Ordinance with respect to the discovery and realization of the property of an insolvent, and the provisions of that Ordinance with respect thereto shall apply accordingly to proceedings under the provisions of this section, with such modifications as may be necessary.
(3) Any person claiming to be entitled to any money paid into the Companies Liquidation Account in pursuance of the provisions of this section may apply to the Registrar for payment thereof, and the Registrar may, on a certificate by the liquidator that the person claiming is so entitled, make an order for the payment to that person of the sum due.
(4) Any person dissatisfied with the decision of the Registrar in respect of a claim made in pursuance of the provisions of this section may appeal to court against such decision, in such manner as may be prescribed. The decision of the court on such appeal shall be final.
(5) Where any money paid into the Companies Liquidation Account in pursuance of the provisions of this section remains unclaimed thereafter for a period of fifteen years, such money shall be credited to the Consolidated Fund :


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