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

Section 438 Approval of arrangement

(1)
This section applies to a decision, under section 437, with respect to the approval of a proposed voluntary arrangement.
(2)
The decision has effect if, in accordance with the rules—
(a)
it has been taken by both meetings summoned under section 436 ; or
(b)
subject to any order made under subsection (4) it has been taken by the creditors’ meeting summoned under that section.
(3)
If the decision taken by the creditors’ meeting differs from that taken by the company meeting, a member of the company may apply to the Court.
(4)
An application under subsection (3) shall not be made after the end of 28 days beginning with—
(a)
the day on which the decision was taken by the creditors’ meeting ; or
(b)
where the decision of the company meeting was taken on a later day, that day.
(5)
On an application under subsection (3), the Court may—
(a)
order the decision of the company meeting to have effect instead of the decision of the creditors’ meeting ; or
(b)
make such other order as it deems fit.
Cite as: Companies and Allied Matters Act 2020, section 438

What this section means

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

  • Creditors and members decide at meetings (sections 436 to 438), and the arrangement binds everyone entitled to vote (section 439).
  • If the creditors’ decision differs from the company meeting’s, a member can apply to the court within 28 days, and the court can order the company meeting’s decision to have effect instead or make another order (section 438).

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.