sec.418Persons disqualified from administering compromise or arrangement

sec.418 Persons disqualified from administering compromise or arrangement

Except with the leave of the Supreme Court, a person must not be appointed to administer, and must not administer, a compromise or arrangement approved under this Law between a co-operative and any of its creditors or members, whether by the terms of the compromise or arrangement or under a power given by the terms of a compromise or arrangement, if the person— is a mortgagee of a property of the co-operative; or is an auditor or an officer of the co-operative; or is an officer of a corporation that is a mortgagee of property of the co-operative; or is not a registered liquidator, unless the person is a corporation authorised under a law of this jurisdiction to administer the compromise or arrangement concerned; or is an officer of a corporation related to the co-operative; or unless the Registrar directs in writing that this paragraph does not apply in relation to the person and the co-operative—has within the last year been an officer or promoter of the co-operative or of a related corporation. This section does not disqualify a person from administering a compromise or arrangement under an appointment validly made before the commencement of this section in this jurisdiction. (sec.418-ssec.1) Except with the leave of the Supreme Court, a person must not be appointed to administer, and must not administer, a compromise or arrangement approved under this Law between a co-operative and any of its creditors or members, whether by the terms of the compromise or arrangement or under a power given by the terms of a compromise or arrangement, if the person— is a mortgagee of a property of the co-operative; or is an auditor or an officer of the co-operative; or is an officer of a corporation that is a mortgagee of property of the co-operative; or is not a registered liquidator, unless the person is a corporation authorised under a law of this jurisdiction to administer the compromise or arrangement concerned; or is an officer of a corporation related to the co-operative; or unless the Registrar directs in writing that this paragraph does not apply in relation to the person and the co-operative—has within the last year been an officer or promoter of the co-operative or of a related corporation. (sec.418-ssec.2) This section does not disqualify a person from administering a compromise or arrangement under an appointment validly made before the commencement of this section in this jurisdiction.

• (a) is a mortgagee of a property of the co-operative; or
• (b) is an auditor or an officer of the co-operative; or
• (c) is an officer of a corporation that is a mortgagee of property of the co-operative; or
• (d) is not a registered liquidator, unless the person is a corporation authorised under a law of this jurisdiction to administer the compromise or arrangement concerned; or