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Companies and Allied Matters Act 2020 · Part B · Chapter 17

Section 434Those who may propose an arrangement

(1)
The directors of a company may make a proposal under this Part to its creditors for a composition in satisfaction of its debts or a scheme of arrangement of its affairs (in this Act referred to in either case, as a “voluntary arrangement”).
(2)
A proposal under this Part is one which provides for some person (“the nominee”) to act in relation to the voluntary arrangement either as trustee or otherwise for the purpose of supervising its implementation, and the nominee shall be a person who is qualified to act as an insolvency practitioner in relation to the company.
(3)
Such a proposal may be made where—
(a)
an administration order is in force in relation to the company, by the administrator ; and
(b)
the company is being wound up, by the liquidator.
Cite as: Companies and Allied Matters Act 2020, section 434

What this section means

From the guide: Company voluntary arrangements under CAMA 2020: how a company can agree a deal with its creditors

  • A company voluntary arrangement is a proposal by the directors to creditors for a composition of debts or a scheme of arrangement, supervised by a nominee who must be an insolvency practitioner (section 434).
  • Where an administration order is in force the administrator can make the proposal, and where the company is being wound up the liquidator can (section 434).
  • Modifications can change the nominee but cannot stop it being a proposal under section 434 (section 437(1) and (2)).

Read the whole subject

Source: Companies and Allied Matters Act 2020 (Act No. 3 of 2020), Official Gazette No. 124, Lagos, 10 August 2020. General information, not legal advice.