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Companies and Allied Matters Act 2020 · Part B · Chapter 22

Section 644 Powers of liquidator in every voluntary winding-up

(1)
The liquidator may—
(a)
in the case of a members’ voluntary winding-up, with the sanction of special resolution of the company, and, in the case of a creditors’ voluntary winding-up, with the sanction of the court or, the committee of inspection or if there is no such committee, a meeting of the creditors, exercise any of the powers given by section 588 (1) (d), (e) and (f ) of this Act to a liquidator in a winding-up by the Court ;
(b)
without sanction, exercise any of the other powers given by this Act to the liquidator in a winding-up by the Court ;
(c)
exercise the power of the Court under this Act of settling a list of contributories, and the list of contributories shall be prima facie of the liability of the persons named therein to be contributories ;
(d)
exercise the Court’s power of making calls ;
(e)
summon general meetings of the company for the purpose of obtaining the sanction of the company by special resolution or for any other purpose he may think fit.
(2)
The liquidator shall pay the debts of the company and shall adjust the rights of the contributories among themselves.
(3)
Where several liquidators are appointed, any power given by this Act may be exercised by such one or more of them as may be determined by any number not less than two of the liquidators.
Cite as: Companies and Allied Matters Act 2020, section 644

What this section means

From the guide: Voluntary winding up under CAMA 2020: members’ and creditors’ winding up

  • The liquidator can exercise most powers without sanction, but needs a special resolution (members’ winding up) or sanction of the court, committee or creditors’ meeting (creditors’ winding up) for paying classes of creditors in full and for compromises (section 644).

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.