First Schedule (Sections 26, 108, 142, 167 and 232)
Proceedings at meetings of creditors
1.Methods of holding meetingsA meeting of creditors may be held—(a)by assembling together those creditors entitled to take part and who choose to attend at the place, date and time appointed for the meeting; or(b)by means of audio or radio and visual communication by which all creditors participating can simultaneously hear each other throughout the meeting.2.Notice of meeting(1)Written notice of—(a)the time and place of every meeting to be held under paragraph 1(a); or(b)the time and method of communication for every meeting to be held under paragraph 1(b); or(c)the time and address for the return of voting papers for every meeting to be held under paragraph 1(a) or (b),shall be sent to every creditor and other person entitled to attend the meeting not less than 5 days before the meeting.(2)The notice shall—(a)state the nature of the business to be transacted at the meeting in sufficient detail to enable a creditor to form a reasoned judgment in relation to it; and(b)set out the text of any resolution to be submitted to the meeting; and(c)include a voting paper in respect of each such resolution and voting and mailing instructions.(3)An irregularity in or a failure to receive a notice of meeting of creditors does not invalidate anything done by a meeting of creditors, where—(a)the irregularity or failure is not material; or(b)all the creditors entitled to attend and vote at the meeting attend the meeting without protest as to the irregularity or failure; or(c)all such creditors agree to waive the irregularity or failure.(4)Where the meeting of creditors agrees, the chairman may adjourn the meeting from time to time and from place to place.(5)An adjourned meeting shall be held in the same place unless another place is specified in the resolution for the adjournment.(6)Where a meeting of creditors under paragraph 1(a) or (b) is adjourned for less than one month, it is not necessary to give notice of the time and place of the adjourned meeting other than by announcement at the meeting which is adjourned.3.Chairman(1)In the case of a bankruptcy, the Official Receiver or his nominee appointed by the Official Receiver shall act as chair of the meeting.(2)Where a liquidator has been appointed, and is present, or where the liquidator has appointed a nominee and the nominee is present, he shall act as chair of a meeting held in accordance with paragraph 1(a) or (b).(3)In any case involving the winding up of a company, where there is no liquidator or neither the liquidator nor any nominee of the liquidator is present, the creditors participating shall choose one of their number to act as chairman of the meeting.4.Quorum(1)A quorum for a meeting of creditors is present where—(a)3 creditors who are entitled to vote or their proxies are present; or(b)where the number of creditors entitled to vote does not exceed 3, the creditors who are entitled to vote or their proxies are present.(2)Where a quorum is not present within 30 minutes after the time appointed for the meeting, the meeting is adjourned to the same day in the following week at the same time and place, or to such other date, time and place as the chairman may appoint and if, at the adjourned meeting, a quorum is not present within 30 minutes after the time appointed for the meeting, the creditors present or their proxies are a quorum.5.Voting(1)At any meeting of creditors or a class of creditors, not being a meeting held for the purposes of subparagraph (2), a resolution is adopted where a majority in number and value of the creditors or the class of creditors voting in person or by proxy vote in favour of the resolution.(2)At any meeting of creditors or a class of creditors held for the purposes of section 152, or otherwise required to be passed as a special resolution, a special resolution is adopted where a majority in number representing 75 per cent in value of the creditors or class of creditors voting in person or by proxy vote in favour of the resolution.(3)A creditor chairing the meeting does not have a casting vote.6.Proxies(1)A creditor may exercise the right to vote either by being present in person or by proxy.(2)A proxy for a creditor is entitled to attend and be heard at a meeting of creditors as if the proxy were the creditor.(3)A proxy shall be appointed by notice in writing signed by the creditor and the notice shall state whether the appointment is for a particular meeting or a specified term not exceeding one year.(4)No proxy is effective in relation to a meeting unless a copy of the notice of appointment is given to the Official Receiver or his nominee, or the liquidator (as the case may be) or, where no liquidator is acting, to the person by whom the notice convening the meeting was given, not later than 48 hours before the start of the meeting.7.Official Receiver or liquidator to report to meetingIf the Official Receiver or liquidator attends a creditors' meeting or an adjournment of the meeting, the Official Receiver or liquidator—(a)shall report on the administration of the debtor's estate; and(b)must give any creditor any further information that the creditor may properly require; and(c)shall, in the case of a bankruptcy, if required, produce for the meeting (or its adjournment) all accounting records, deeds and papers in the Official Receiver's possession that relate to the bankrupt's property.8.Attending a creditors' meeting(1)A person may attend a creditors' meeting—(a)by being physically present at the time and place appointed for the meeting; or(b)if the Official Receiver or Liquidator makes it available, by means of an audio or audio-visual link, so that all those participating in the meeting can hear and be heard by each other.(2)A creditor may also attend by proxy on any resolution to be put to the meeting.9.Bankrupt in case of bankruptcy may be required to attend and be questioned(1)In the case of a bankruptcy, the bankrupt must, if required by the Official Receiver, attend all creditors' meetings by being physically present or present by an audio or audio-visual link.(2)The Official Receiver, the chairperson of the creditors' meeting, a creditor or a representative of a creditor may question the bankrupt as to his or her property, conduct or dealings. The chairperson of the meeting must allow only questions that relate to the bankrupt's property, conduct or dealings.(3)The bankrupt must sign a statement of the bankrupt's evidence given under the questioning if required to do so by the Official Receiver or the chairperson of the meeting.10.Attendance by non-creditorsA person who is not a creditor of the debtor may attend a creditors' meeting with the consent of—(a)the Official Receiver or liquidator;(b)the creditors attending the meeting, voting by ordinary resolution.11.Minutes(1)The person chairing a meeting of creditors shall ensure that minutes are kept of all proceedings.(2)Minutes which have been signed correct by the person chairing the meeting are prima facie evidence of the proceedings.12.Corporations may act by representativesA body corporate which is a creditor may appoint a representative to attend a meeting of creditors on its behalf.13.Other proceedingsExcept as provided in this Schedule and in any regulations made under this Act, a meeting of creditors may regulate its own procedure.Second Schedule (Sections 29, 116, 305 and 306)
Proof in ordinary cases
1.Every creditor shall prove his debt as soon as may be after adjudication or the commencement of a winding up.2.A debt may be proved by delivering or sending through the post in a prepaid letter to the Official Receiver in the case of a bankruptcy or to the liquidator of the company in the case of a company winding up, an affidavit verifying the debt.3.(a)The affidavit may be made by the creditor himself, or by some person authorised by or on behalf of the creditor.(b)Where the affidavit is made by a person who authorised the affidavit, it shall state his authority and means of knowledge.4.(a)The affidavit shall contain or refer to a statement of account showing the particulars of the debt, and shall specify the vouchers, if any, by which the same can be sustained.(b)The Official Receiver or liquidator may at any time call for the production of the vouchers.5.The affidavit shall state whether the creditor is or is not a secured creditor6.A creditor shall bear the cost of proving his debt, unless the Court otherwise specifically orders.7.A creditor who has lodged a proof shall be entitled to see and examine the proofs of other creditors before the first meeting, and at all reasonable times.8.A creditor proving his debt shall deduct from it all trade discounts, but he shall not be compelled to deduct any discount not exceeding 5 per cent on the net amount of his claim, which he may have agreed to allow for payment in cash.9.(1)A secured creditor may exercise one of the following options:(a)realise property subject to a security, if entitled to do so; or(b)value the property subject to the security and prove in the bankruptcy as an unsecured creditor for the balance due (if any) after deducting the amount of the valuation; or(c)surrender the security to the Official Receiver or liquidator for the general benefit of the creditors and prove in the bankruptcy or liquidation as an unsecured creditor for the whole debt.(2)A secured creditor may exercise the option in subparagraph (1)(a) whether or not the creditor has exercised the option in subparagraph (1)(b).10.(1)The Official Receiver or liquidator may at any time, by notice in writing, require a secured creditor, within one month after receipt of the notice, to—(a)choose one of the options in paragraph 9(1); and(b)if the creditor chooses the second or third option, exercise that option within the one month period.(2)A secured creditor who has been served with a notice under subparagraph (1) and fails to comply—(a)is treated as having surrendered the security to the Official Receiver or liquidator under the option in paragraph 9(1)(c) for the general benefit of the creditors; and(b)may prove as an unsecured creditor for the whole debt11.(1)A secured creditor who realises property subject to a security may prove as an unsecured creditor for any balance due after deducting the net amount realised.(2)Subsection (1) does not apply if the liquidator has accepted a valuation and proof of debt under paragraph 12.(3)A secured creditor who realises property subject to a security must account to the Official Receiver or liquidator for any surplus remaining after the following amounts have been paid—(a)the amount of the debt;(b)interest payable on the debt up to the time when it is paid;(c)any proper payments to the holder of any other security in the property.12.(1)This section applies if a secured creditor values the property subject to the security and proves as an unsecured creditor for the balance due.(2)The valuation and the proof must—(a)be made in the prescribed form;(b)contain full particulars of the valuation and the debt;(c)contain full particulars of the security, including the date when it was given; and(d)identify any documents that substantiate the debt and the security.(3)The creditor must produce any document in subparagraph (2)(d) if required by the Official Receiver or liquidator.13.Where a secured creditor does not either realise or surrender his security, he shall in accordance with paragraph 12, before ranking for dividend, state in his proof the particulars of his security, the date when it was given, and the value at which he assesses it, and shall be entitled to receive a dividend only in respect of the balance due to him after deducting the value so assessed.14.Where a creditor has so valued his security under paragraph 12, he may at any time amend the valuation and proof on showing to the satisfaction of the Official Receiver or liquidator or the Court that the valuation and proof were made bona fide on a mistaken estimate, or that the security has diminished or increased in value since its previous valuation; but every such amendment shall be made at the cost of the creditor, and upon such terms as the Court may order, unless the Official Receiver or liquidator allows the amendment without application to the Court.15.Where a valuation has been amended in accordance with section 14, the creditor shall forthwith repay any surplus dividend which he may have received in excess of that to which he would have been entitled on the amended valuation, or as the case may be, shall be entitled to be paid out of any money for the time being available for dividend, any dividend or share of dividend which he may have failed to receive by reason of the inaccuracy of the original valuation, before that money is made applicable to the payment of any future dividend, but he shall not be entitled to disturb the distribution of any dividend declared before the date of the amendment.16.Where a creditor after having valued his security subsequently realises it, where it is realised under paragraph 11 the net amount realised shall be substituted for the amount of any valuation previously made by the creditor and shall be treated in all respects as an amended valuation made by the creditor.17.Where a secured creditor does not comply with the foregoing rules, he shall be excluded from all share in any dividend.18.A secured creditor shall, in no case, receive more than the full amount of his claim in principal and interest as provided by this Act.19.(1)This paragraph applies to a secured creditor who has surrendered a security under paragraph 9(1)(c) or 9(2).(2)The creditor may, with the leave of the Court or the Official Receiver or liquidator and subject to the terms and conditions that the Court or the Official Receiver or liquidator imposes—(a)withdraw the surrender and rely on the security; or(b)submit a new proof under paragraph 9(1)(a) or subparagraph 9(2).(3)Subparagraph (2) does not apply if the Official Receiver or liquidator has already realised the property subject to the security.20.Where a debtor was at the date of adjudication or on the commencement of the winding up, liable in respect of distinct contracts as a member of 2 or more distinct firms, or as a sole contractor, and also as member of a firm, the circumstance that the firms are in whole or in part composed of the same individuals, or that the sole contractor is also one of the joint contractors, shall not prevent proof in respect of the contract, against the properties respectively liable on the contracts.21.Where any rent or other payment falls due at stated periods, and the adjudication or commencement of the winding up occurs at any time other than one of those periods, the person entitled to the rent or payment may prove for a proportionate part thereof up to the date of the adjudication or commencement of the winding up as if the rent or payment accrued from day to day.22.On any debt or sum certain, payable at a certain time or otherwise, whereon interest is not reserved or agreed for and which is overdue at the date of the adjudication or commencement of winding up and provable in the bankruptcy or liquidation, the creditor may prove for interest at a rate not exceeding 4 per cent per annum to the date of the order from the time when the debt or sum was payable, if the debt or sum is payable by virtue of a written instrument at a certain time, and if payable otherwise, then from the time when a demand in writing has been made, giving the debtor notice that interest will be claimed from the date of the demand until the time of payment.23.A creditor may prove for a debt not payable at the date of adjudication or on commencement of the winding up as if it were payable presently and may receive dividends equally with the other creditors, deducting only a rebate of interest at the rate of 4 per cent per annum computed from the declaration of a dividend to the time when the debt would have become payable according to the terms on which it was contracted.24.(1)The Official Receiver in the case of a bankruptcy or liquidator in the case of a winding up shall examine every proof and the grounds of the debt, and in writing admit or reject it, in whole or in part, or require further evidence in support of it.(2)Where he rejects a proof, he shall, as soon as practicable, state in writing to the creditor the grounds of the rejection.25.(1)The Official Receiver or liquidator may summon for examination, and examine any of the following persons—(a)a person who has submitted or made a proof of debt;(b)a person who has made a declaration or statement as part of the proof of debt;(c)a person who is capable of giving evidence concerning a proof of debt or the debt to which the proof relates.(2)The Official Receiver or liquidator may examine persons under oath in an examination under subparagraph (1).(3)If a person who has been summoned under this section fails to attend, or attends but refuses, in an examination before the Official Receiver or liquidator, to be sworn, or refuses to give evidence, and has no reasonable excuse, the Court may—(a)on the application of the Official Receiver or liquidator by warrant have that person arrested and brought for examination by the Court; and(b)order that person to pay all the expenses arising out of his arrest and examination if the Court thinks that his evidence was necessary for deciding whether the proof of debt in question should be admitted or rejected.26.(1)The debtor or any creditor may give the Official Receiver or liquidator notice to admit or reject a proof of debt.(2)If, after 10 working days after receiving the notice, the Official Receiver or liquidator has not made a decision admitting or rejecting the proof of debt, on the application of the debtor or the creditor the Court may—(a)admit or reject the proof; or(b)make any other order that it thinks appropriate.27.Where a creditor is dissatisfied with the decision of the Official Receiver or liquidator in respect of a proof, the Court may, on the application of the creditor, reverse or vary the decision.28.The Court may also expunge or reduce a proof upon the application of a creditor if the Official Receiver or liquidator declines to interfere in the matter, or, in the case of a composition or scheme, upon the application of the debtor.29.(1)The Court may make an order cancelling a proof of debt or reducing its amount, if it considers that the proof was improperly admitted.(2)The Court may make the order on the application of the Official Receiver or liquidator, the bankrupt or any creditor.(3)The Court shall not make an order under subparagraph (1) unless the creditor who submitted the proof has been served with the application.30.(1)A creditor whose proof of debt has been rejected by the Official Receiver or liquidator may apply to the Court for an order modifying or reversing the Official Receiver or liquidator's decision.(2)The creditor must apply within 15 working days after the creditor receives the Official Receiver or liquidator's notice of rejection of the proof, or within the additional time that the Court allows.(3)The Court may—(a)reverse or modify the Official Receiver or liquidator's decision in whole or in part; or(4)A creditor has no right to prove for a debt or liability that has been rejected by the Official Receiver or liquidator, unless the creditor has made an application under this section.31.(1)This section applies to an application that is made under paragraph 27 or 28 or 29 or 30.(2)If the applicant is not the Official Receiver or liquidator the applicant shall name and serve the Official Receiver or liquidator (as the case may be) as a party to the proceeding.(3)The debtor and any creditor may give notice to the Court hearing the application, and, on doing so, become parties to the proceedings.32.On an application under paragraph 27 or paragraph 28 or paragraph 29 or paragraph 30 the Court hearing the application may, if it thinks it appropriate, order that any costs —(a)of a creditor be added to the creditor's proof of debt;(b)of any party to the proceeding be paid out of the debtor's estate;(c)be paid by any party to the proceedings, except the Official Receiver or liquidator.33.For the purpose of any of his duties in relation to proofs, the Official Receiver or liquidator may administer oaths and take affidavits.34.If a creditor's security is wholly or partly void under the provisions of this or any other Act, the creditor may prove as an unsecured creditor—(a)if the security is wholly void, for the whole of the debt; or(b)if the security is partly void, to the extent that the debt is unsecured.35.A person who obtained an order for costs against the debtor before adjudication may prove for the amount of the costs when the costs are fixed, even if the amount is fixed only after adjudication.36.(1)This paragraph applies if the debtor at the time of adjudication is a shareholder of a company that has not been put into liquidation.(2)The company may prove for—(a)the amount of unpaid calls on the debtor made before adjudication or the commencement of the winding up in respect of the debtor's shares; and(b)the value of the liability to calls to be made in the period of one year after adjudication or commencement of the winding up.(3)The value referred to in paragraph (2)(b) must be estimated—(a)as agreed by the Official Receiver or liquidator and the company; or(b)if the Official Receiver or liquidator and the company cannot agree, as directed by the Court.(4)This paragraph does not affect the provisions of sections 124 to 127 in the event that the company is put into liquidation.37.(1)This paragraph applies if a person ("A")—(a)is, at the time of adjudication or commencement of the winding up, surety or liable for a debt or liability of the debtor; and(b)discharges the debt or liability, even after adjudication or commencement of the winding up.(2)A has the benefit of the rules in subparagraphs (3) and (4).(3)If the creditor in question has submitted a proof of debt for the debt or liability, A may stand in the creditor's place in respect of the proof.(4)If the creditor in question has not submitted a proof of debt for the debt or liability, A may—(a)prove for the payment that A has made as if the payment were a debt, without undoing dividends already paid to the creditor in the bankruptcy or winding up; and(b)receive dividends paid subsequently.Third Schedule (Section 52)
Bankrupt's public examination
1.Notice of examination(1)If a public examination of the bankrupt is required, the Official Receiver must serve the bankrupt with a notice that states—(a)that the Official Receiver's statement or the creditor's resolution has been filed with the Court;(b)that the bankrupt is required to be publicly examined; and(c)the time and place of the examination.(2)At least 7 days before the examination, the Official Receiver must—(a)advertise the examination in the prescribed manner; and(b)send a notice of the examination to each creditor.2.Time for holding examinationThe Court shall hold the public examination of the bankrupt as soon as practicable, but not before 7 days have elapsed after the Official Receiver has sent the bankrupt a notice under paragraph 1.3.Official Receiver must file report before examinationBefore the public examination of the bankrupt, the Official Receiver shall file in the Court a report on—(a)the bankrupt's estate;(b)the bankrupt's conduct; and(c)all other matters of which the Court should be informed.4.Conduct of examination(1)The bankrupt shall attend the examination, and may be examined as to the bankrupt's conduct, dealings and property.(2)The bankrupt shall be examined on oath and shall answer all questions that the Court asks the bankrupt, or allows the bankrupt to be asked.(3)The following persons may examine the bankrupt—(a)the Official Receiver, or counsel for the Official Receiver; and(b)any creditor who has proved a claim, or counsel for that creditor.(4)The bankrupt is not entitled to notice beforehand of who will ask the questions or what the questions will be.5.Record of examination(1)The examination shall be recorded in writing as the Court directs.(2)The record of the examination must be—(a)read over to, and signed by, the bankrupt;(b)available for inspection by any creditor or that creditor's attorney at all reasonable times.6.When examination ends(1)The public examination of a bankrupt ends when the Court makes an order that the examination is ended.(2)The Court shall not make an order that the examination is ended unless it is satisfied that the bankrupt's conduct, dealings, and property have been sufficiently investigated and that the investigation is finished.7.Bankrupt's failure to attend examinationIf the bankrupt does not appear for the examination at the appointed time and has no reasonable excuse—(a)an Intermediate Court Magistrate or the Court may, on the Official Receiver's application, by warrant, cause the bankrupt to be arrested and brought up for examination by the Court; and(b)the Court may order the bankrupt to pay all the expenses arising out of the arrest and examination before the Court, if the Court thinks that the bankrupt's evidence was necessary for the purposes of the bankrupt's estate.8.Bankrupt's expenses in attending examination(1)A bankrupt who attends a public examination is entitled to be paid the prescribed expenses of attending.(2)A bankrupt does not default in attending a public examination if the prescribed expenses of attending have not been paid or tendered to him before the examination.9.Official Receiver may examine company documents, personnel, and shareholders(1)If authorised by the Court, the Official Receiver or a person appointed by the Official Receiver may exercise the powers set out in subparagraph (2) in relation to a company that is controlled by the bankrupt or an associate or associates.(2)The Official Receiver may—(a)examine the documents of the company;(b)examine any past or present director, employee, or shareholder of the company on oath about the company's affairs.(3)The examination of a person under subparagraph (2) (b) must be recorded in writing, and the person examined must sign the written record if required to do so by the Official Receiver.10.Meaning of associate(1)In paragraph 9, "associate" means any of the following—(a)the bankrupt's spouse;(b)a relative of the bankrupt;(c)the spouse of a lineal ancestor or descendant of the bankrupt.(2)In paragraph 9, a company is controlled by the bankrupt if the bankrupt or his nominee has the power to appoint or remove all the directors of the company or such number of directors as together hold a majority of the voting rights at meetings of directors of the company.Privilege and representation of persons examined
11.No privilege against self-incrimination(1)A person who is examined or questioned under any power under this Act must answer all questions relating to the bankrupt's conduct, dealings and property.(2)A person is not excused from answering a question because the question may incriminate or tend to incriminate that person.12.Statement made by person examined or questioned not generally admissible in criminal proceedings against that person(1)A statement made by a person examined or questioned under this Act in response to a question is not admissible in criminal proceedings against that person.(2)However, the statement is admissible if—(a)the person was examined or questioned under oath and is charged with perjury in relation to the statement; or(b)in the case of the bankrupt, the bankrupt is charged with an offence under section 389.13.Representation(1)A person who is examined under this Act may be represented by a lawyer.(2)The person may be questioned by his lawyer, and any answers form part of the examination.Fourth Schedule (Sections, 53, 116, 117, 119, 136, 146, 154, 182, 204, 217, 278, 328 and 405)
Preferential claims
1.Priority of payments to preferential creditors(1)Costs of liquidatorThe Official Receiver or liquidator shall first pay, in the order of priority in which they are listed—(a)the fees and expenses properly incurred by the Official Receiver or liquidator in carrying out the duties and exercising the powers of the Official Receiver or liquidator and the remuneration of the Official Receiver or liquidator including the cost of an audit under section 179;(b)the fees and expenses and remuneration properly incurred by the trustee of a Proposal under section 79 or of the Official Receiver under a Summary Instalment Order under section 87 or an administrator under Sub-part I or Part III in relation to companies, in carrying out the duties and exercising the powers of the trustee, Official Receiver or administrator;(c)the reasonable costs of a person who applied to the Court for adjudication in the case of bankruptcy or an order in the case of a liquidation that the company be wound up, including the reasonable costs incurred between attorney and client in procuring the order, the quantum of such costs being determined in accordance with the rules of Court;(d)the actual out-of-pocket expenses necessarily incurred by a committee of inspection;(e)rent incurred by the Official Receiver or liquidator in relation to property of the debtor let or tenanted to the Official Receiver or liquidator during the period following adjudication or commencement of the winding up;(f)to any creditor who protects or preserves assets of the debtor for the benefit of the debtor's creditors by the payment of money or the giving of an indemnity—(i)the amount received by the Official Receiver or liquidator by the realisation of those assets, up to the value of that creditor's unsecured debt; and(ii)the amount of the costs incurred by that creditor in protecting or preserving those assets;(g)costs incurred by the liquidator for essential services under section 136;(h)cost of brokers' charges and commission on the sale and removal of charges (article 2108 of the Code Civil Mauricien).(1.1)(a)In the event of the winding up of an insurance company, distribution of the assets will be effected in accordance with section 63 of the Insurance Act.(b)In the event of the winding up of a private pension scheme, distribution of the assets will be effected in accordance with FSC Rules made under section 47 of the Private Pension Schemes Act.(2)Amounts due to Government and its AgenciesAfter paying any claims referred to in subparagraph (1), the Official Receiver or liquidator must next pay, to the extent that it remains unpaid to the Director-General of the Mauritius Revenue Authority, Registrar-General or a local authority as the case may require, the amount of—(c)income tax, excluding any amount withheld pursuant to section 102, or deducted pursuant to section 111J, of the Income Tax Act;(d)registration duty payable under the Registration Duty Act;(e)duty payable under the Customs Act;(f)charges, dues or duties payable to the Director-General of the Mauritius Revenue Authority under any enactment;(g)charges, or dues payable to a local authority under any enactment,that is due and unpaid for a period not exceeding 4 years prior to the date of adjudication or the commencement of the winding up but limited in each case to the greatest amount due in respect of the period of any one tax or revenue year over the said period of 4 years. Such claims shall be inscribed on a yearly basis failing which they will not qualify for payment.(3)Wages or salaries due to employees(a)After paying the claims referred to in subparagraph (2), the Official Receiver or liquidator must next pay, to the extent that they remain unpaid, the following claims—(i)subject to paragraph 3, all wages or salary of any employee of the debtor, whether or not earned wholly or in part by way of commission, and whether payable for time or for piece work, in respect of services provided to the debtor during the period of one month before the commencement of the adjudication or winding up;(ii)amounts that are preferential claims under sections 53 and 119(5) (claim relating to lien over records or documents of debtor);(iii)all sums which by any other enactment are expressly required to be paid in accordance with the priority established by this section.(b)The maximum amount that may be paid to any one employee under subparagraph (a)(i) is 30,000 rupees or such other sum as may be prescribed.(4)Costs of compromise with creditorsAfter payment of the claims referred to in subparagraph (3) the liquidator in the case of a liquidation must next pay the amount of any costs referred to in section 260 (c) of the Companies Act (costs of compromise by company with creditors).(5)Payments made pari passu with first ranking fixed and floating charges and mortgages (hypotheque conventionelle) inscribed for more than 3 yearsAfter payment of the claims referred to in subparagraph (4), the Official Receiver or liquidator shall next pay the amount payable under any first ranking fixed and floating charge or mortgage (hypotheque conventionelle) inscribed for more than 3 years (articles 2150-1 and 2202-5 of the Code Civil Mauricien), provided that—(a)any penalty interest or any other interest charge above the standard rate of interest payable under the agreement between debtor and creditor shall be deferred and paid along with unsecured creditors under section 331 of the Act; and(b)not more than 3 years' interest calculated at this standard rate shall be payable under this level of priority pari passu with—(i)any compensation for unjustified dismissal that accrues or crystallises before completion of the winding up; and(ii)payment for termination of employment in accordance with the Employment Rights Act.(6)Rent: Landlord's special privilegeAfter payment of the claims referred to in subparagraph (5), the Official Receiver or liquidator shall next pay any rent unpaid to any landlord of the debtor due and unpaid for the period of 6 months preceding the date of adjudication or the commencement of the winding up (article 2150-2 of the Code Civil Mauricien).(7)First ranking, fixed and floating charges and mortgages (hypothèque conventionele) inscribed for less than 3 years(a)After payment of the claims referred to in subparagraph (6), the Official Receiver or liquidator shall next pay the amount payable under any first ranking, fixed and floating charge or mortgage (hypothèque conventionele) inscribed for less than 3 years (article 2202-2255 of the Code Civil Mauricien), together with any interest not paid under the fifth priority referred to in subparagraph (5), provided that any penalty interest or other interest charge above the standard rate of interest payable under the agreement between debtor and creditor shall be deferred and paid along with unsecured creditors under section 311.(b)The amount payable under any inscribed charge or mortgage, other than a first ranking, fixed and floating charge or mortgage (hypotheque conventionele).(8)Claims of victims of an accidentAfter payment of the claims referred to in subparagraph (7), the Official Receiver or liquidator shall next pay the amount established to be due to the victim of an accident or to his heirs or relative including any medical and funeral expenses and damages for temporary incapacity (articles 2148-8 and 2152 of the Code Civil Mauricien).(9)Other privileges, securities and creditorsAfter payment of the claims referred to in subparagraph (8), the Official Receiver or liquidator shall next pay the following claims in the ranking and order provided for in the Code Civil Mauricien and in accordance with section 331 of the Act—(a)the cost incurred by a creditor for the preservation of any movable of the debtor including the costs of storage and insurance (article 2150-4 of the Code Civil Mauricien);(b)other privileges including the unpaid vendor's privilege or lien (article 2150-5 of the Code Civil Mauricien);(c)privileges for architects and builders.(10)Amounts due to Government and its Agencies in relation to amounts due and unpaid for over 3 monthsAfter payment of the claims referred to in subparagraph (9) the Official Receiver or liquidator shall next pay the amount of all other arrears due and unpaid in relation to the taxes, charges and dues referred to in subparagraph (3) above which are due and unpaid for the period not exceeding 4 years prior to the date of adjudication or the commencement of the winding up which has not been paid under the third priority in subparagraph (3) above (articles 2148-3 and 2152 of the Code Civil Mauricien).(11)All other unsecured creditors who have proved in the bankruptcy or winding up including claims for—(a)judicial costs and Court fees (articles 2148-2 and 2152 of the Code Civil Mauricien);(b)funeral expenses (article 2148-4 of the Code Civil Mauricien);(c)expenses of an individual debtor's last illness (article 2148-5 of the Code Civil Mauricien);(d)necessities sold to the debtor and his family during the year before the date of adjudication or the commencement of the winding up (article 2148-7 of the Code Civil Mauricien).2.Conditions to priority of payments to preferential creditorsThe claims listed in each of the subparagraphs of paragraph 1, other than subparagraph (1), rank in relation to each of the items within these subparagraphs respectively equally among themselves and, subject to any maximum payment level specified in any Act or Regulations, must be paid in full, unless the assets of the debtor are insufficient to meet them, in which case they abate in equal proportions.3.Provisions concerning preferential payments to employeesThe sum of 30,000 rupees in subparagraph (3) of paragraph 1, or any greater amount that is prescribed on the date of adjudication or the commencement of the winding up, continues to apply to that adjudication or winding up regardless of any change to that sum that is prescribed after the date of adjudication or the commencement of the winding up.4.Subrogation of persons if payment has been madeIf a payment has been made to a person ("A") on account of any preferential claim specified in this Schedule out of money advanced by a bank or some other person ("B") for that purpose, then ("B") has, in a winding up, the same right of priority in respect of the money so advanced as ("A") would have if the payment had not been made.5.Priority given to person who distrains on goodsIf a landlord or other person has distrained on goods or effects of the debtor during the month before the date of adjudication or the commencement of the winding up, the amount recovered by the landlord may be retained as an amount received by him under paragraph 1(6).6.Duty of receiver of floating charge and meaning of "floating charge"(a)Any receiver of a floating charge shall distribute any proceeds held by the receiver for the purposes of distribution in the receivership in accordance with section 204(2).(b)In this Schedule—"floating charge" includes a charge that conferred a floating security at the time of its creation but has since become a fixed or specific charge.7.Saving provision for liquidation that has commencedIf the adjudication or winding up of a debtor has commenced before this Act came into force, that debtor's property must be applied in accordance with the priorities that applied prior to the commencement of this Act.8.Provisions of this Schedule to prevail where conflict with the Code Civil MauricienWhere there is any conflict between the provisions of this Schedule and the Code Civil Mauricien, provisions of this Schedule shall prevail.Fifth Schedule (Section 54)
Official Receiver's general powers in relation to bankruptcies
The Official Receiver has the power to—(b)commence, continue, discontinue and defend legal proceedings;(c)with the leave of the Court, continue in the Official Receiver's name legal proceedings begun by the bankrupt before adjudication;(d)refer a dispute to arbitration;(e)compromise debts, claims and liabilities, present or future, actual or contingent, or ascertained or not, subsisting or believed to subsist between the bankrupt and any person, on whatever terms are agreed;(f)make a compromise or an arrangement with creditors, or persons claiming to be creditors, in respect of debts provable in the bankruptcy;(g)accept as consideration for the sale of any of the bankrupt's property money to be paid in the future, on terms (including terms as to security) that the Official Receiver may determine;(h)make a compromise or an arrangement in respect of a claim that arises out of, or is incidental to, the bankrupt's property, whether it is a claim by the Official Receiver or a claim by a person against the Official Receiver;(i)carry on the bankrupt's business, if it is necessary or advantageous in order to dispose of it, and for that purpose may employ and pay any person, including the bankrupt;(j)use money in the bankrupt's estate for the repair, maintenance, upkeep or renovation of the bankrupt's property, whether or not the work is necessary to salvage the property;(k)borrow money whether with or without providing security over the bankrupt's property;(l)employ any person to do anything that must be done in the course of the administration of the bankruptcy, including the receipt and payment of money;(n)prove and draw a dividend in respect of any debt due to the bankrupt;(o)if any of the bankrupt's property cannot be readily or advantageously sold because of its peculiar nature or other special circumstances, divide it in its existing form among the creditors according to its estimated value;(p)give receipts and sign discharges and releases for any money that the Official Receiver receives, so that the person who pays the money is effectively discharged from any responsibility for how the money is used;(q)execute a power of attorney, deed or any other document for the purpose of carrying into effect the provisions of this Act;(r)exercise in relation to the bankrupt's property any power conferred on a trustee under the Trusts Act or by the Court under that Act, and for the purposes of those powers the Official Receiver is a trustee of the bankrupt's property;(s)exercise any authority or power or do any act in relation to the bankrupt's property that the bankrupt could have exercised or done if he was not bankrupt;(t)in respect of any particular estate or estates—(i)appoint an agent to act for the Official Receiver;(ii)delegate to that agent any or all of the powers conferred by this Schedule;(iii)revoke the agent's appointment;(iv)set the agent's remuneration, which must be paid out of the estate.Sixth Schedule (Sections 118 and 148)
Powers of liquidators
The liquidator of a company has power to do all or any of the following—(a)commence, continue, discontinue and defend legal proceedings;(b)carry on the business of the company to the extent necessary for the liquidation;(d)with the leave of the Committee of Inspection or the Court, pay any class of creditors in full;(e)subject to section 152, make a compromise or an arrangement with creditors or persons claiming to be creditors or who have or allege the existence of a claim against the company, whether present or future, actual or contingent, or ascertained or not;(f)compromise calls and liabilities for calls, debts and liabilities capable of resulting in debts and claims, present or future, actual or contingent, or ascertained or not, subsisting or supposed to subsist between the company and any person and all questions relating to or affecting the assets or the liquidation of the company, on such terms as may be agreed, and take security for the discharge of any such call, debt, liability or claim and give a complete discharge;(g)sell or otherwise dispose of the property of the company with the approval of the Committee of Inspection;(h)act in the name and on behalf of the company and enter into deeds, contracts and arrangements in the name and on behalf of the company;(i)prove, rank and claim in the bankruptcy or insolvency of a shareholder for any balance against that person's estate, and receive dividends in the bankruptcy or insolvency, as a separate debt due from the bankrupt or insolvent, and rateably with the other separate creditors;(j)draw, accept, make and endorse a bill of exchange or promissory note in the name and on behalf of the company with the same effect as if the bill or note had been drawn, accepted, made or endorsed by or on behalf of the company in the course of its business;(k)borrow money whether with or without providing security over the company's assets;(l)take action in his name as liquidator for transfer to the heir or executor of a deceased shareholder of any shares in the names of the deceased and to do in that name any other act necessary for obtaining payment of money due from a shareholder or his estate which cannot be conveniently done in the name of the company, and in all such cases the money due shall be deemed to be due to the liquidator;(m)call a meeting of creditors or shareholders for—(i)the purpose of informing creditors or shareholders of progress in the liquidation;(ii)the purpose of ascertaining the views of creditors or shareholders on any matter arising in the liquidation;(iii)such other purpose connected with the liquidation as the liquidator thinks fit;(n)appoint an agent to do anything which the liquidator is unable to do.Seventh Schedule (Sections 123 and 144)
Proceedings at meetings of committee of inspection
1.Frequency of meetingsThe committee shall meet at such times as it from time to time appoints, and the liquidator or a member of the committee may also call a meeting of the committee as and when necessary.2.MajoritiesThe committee may act by a majority of its members present at a meeting but may not act unless a majority of the committee is present.3.ResignationA member of the committee may resign by notice in writing signed by him and given to the liquidator.4.Office becoming vacantWhere a member of the committee becomes bankrupt or compounds or arranges with his creditors or is absent from 3 consecutive meetings of the committee without the leave of those members who together with that member represent the creditors or shareholders, as the case may be, the office of that member becomes vacant.5.Removal of a memberA member of the committee may be removed by a resolution carried at a meeting of creditors where the member represents creditors or of shareholders where the member represents shareholders of which 7 days' notice has been given stating the object of the meeting.6.Vacancy filledA vacancy in the committee may be filled by appointment by the committee of—(a)the same or another creditor or shareholder, as the case may be; or(b)a person holding a general power of attorney from or, being an authorised director or representative of, a company which is a creditor or shareholder, as the case may be.7.Continuing members may actThe continuing members of the committee may, if not less than 2, act, notwithstanding any vacancy in the committee.Eighth Schedule (Section 190)
Powers of receivers
1.Subject to the provisions of this Schedule, a receiver of property of a company has power to do, in Mauritius and elsewhere, all things necessary or convenient to be done for or in connection with, or as incidental to, the attainment of the objectives for which the receiver was appointed.2.Without limiting the generality of paragraph 1, but subject to any provision of the Court order by which, or the instrument under which, the receiver was appointed, being a provision that limits the receiver's powers in any way, a receiver of property of a company has, in addition to any powers conferred by that order or instrument, as the case may be, or by any other law, power, for the purpose of attaining the objectives for which the receiver was appointed—(a)to enter into possession and take control of property of the company in accordance with the terms of that order or instrument;(b)to lease, let on hire or dispose of property of the company;(c)to grant options over property of the company on such conditions as the receiver may determine;(d)to borrow money on the security of property of the company;(e)to insure property of the company;(f)to repair, renew or enlarge property of the company;(g)to convert property of the company into money;(h)to carry on any business of the company;(i)to take on lease or on hire, or to acquire, any property necessary or convenient in connection with the carrying on of a business of the company;(j)to demand and recover, by action or otherwise, income of the property in receivership;(k)to issue receipts for income recovered;(l)to inspect, at any reasonable time, books or documents that relate to the property in receivership and that are in the possession or under the control of the company;(m)to exercise, on behalf of the company, a right to inspect books or documents that relate to the property in receivership and that are in the possession or under the control of a person other than the company;(n)to change the registered office or address for service of the company;(o)to execute any document, bring or defend any proceedings or do any other act or thing in the name of and on behalf of the company;(p)to draw, accept, make and endorse a bill of exchange or promissory note;(r)to engage or discharge employees on behalf of the company;(s)to appoint a solicitor, accountant or other professionally qualified person to assist the receiver;(t)to appoint an agent to do any business that the receiver is unable to do, or that it is unreasonable to expect the receiver to do, in person;(u)where a debt or liability is owed to the company - to prove the debt or liability in a bankruptcy, insolvency or winding up and, in connection therewith, to receive dividends and to assent to a proposal for a composition or a scheme of arrangement;(v)to make or defend an application for the winding up of the company; and(w)to refer to arbitration any question affecting the company3.The conferring by this Schedule on a receiver of powers in relation to property of a company does not affect any rights in relation to that property of any person other than the company.4.In this Schedule, a reference, in relation to a receiver, to property of a company is, unless the contrary intention appears, a reference to the property of the company in relation to which the receiver was appointed.Ninth Schedule (Sections 366, 367 and 368)
Rules applying to cross-border insolvency proceedings
PreambleThe purpose of this Schedule is to provide effective mechanisms for dealing with cases of cross-border insolvency so far as to promote the objectives of—(a)co-operation between courts and other competent authorities of Mauritius and foreign States involved in cases of cross-border insolvency;(b)providing greater legal certainty for trade and investment;(c)providing fair and efficient administration of cross-border insolvencies that protects the interests of all creditors and other interested persons, including the debtor;(d)providing protection and maximisation of the value of the debtor's assets; and(e)facilitating the rescue of financially troubled businesses, thereby protecting investment and preserving employment.Chapter I
General provisions
Article 1 – Scope of application
(1)Except as provided in paragraph (2), this Schedule applies where—(a)assistance is sought in Mauritius by a foreign court or a foreign representative in connection with a foreign proceeding;(b)assistance is sought in a foreign State in connection with a Mauritius insolvency proceeding; or(c)a foreign proceeding and a Mauritius insolvency proceeding in respect of the same debtor are taking place concurrently; or(d)creditors or other interested persons in a foreign State have an interest in requesting the commencement of, or participation in, a Mauritius insolvency proceeding.(2)This Schedule does not apply to a financial institution or bank licensed under the Banking Act that is subject to appointment of a statutory conservator under that Act.Article 2 – Definitions
For the purposes of this Schedule—(a)"foreign proceeding" means a collective judicial or administrative proceeding in a foreign State, including an interim proceeding, pursuant to a law relating to insolvency in which proceeding the assets and affairs of the debtor are subject to control or supervision by a foreign court, for the purpose of reorganisation or liquidation;(b)"foreign main proceeding" means a foreign proceeding taking place in the state where the debtor has the centre of its main interests;(c)"foreign non-main proceeding" means a foreign proceeding, other than a foreign main proceeding, taking place in a State where the debtor has an establishment within the meaning of subparagraph (f) of this Article;(d)"foreign representative" means a person or body, including one appointed to administer the reorganisation or the liquidation of the debtor's assets or affairs or to act as a representative of the foreign proceeding;(e)"foreign court" means a judicial or other authority competent to control or supervise a foreign proceeding;(f)"establishment" means any place of operations where the debtor carries out a non-transitory economic activity with human means and goods or services;(g)"Supreme Court" or "Court" means the Bankruptcy Division of the Supreme Court of Mauritius until such time as a Commercial Division of the Supreme Court is established and thereafter shall mean that Division;(h)"Insolvency administrator" means—(i)a judicial manager appointed under the Insurance Act; or(ii)the Official Receiver or liquidator under this Act; or(iii)a receiver within the meaning of this Act; or(iv)a liquidator appointed under any other Act; or(v)an administrator appointed under a scheme for voluntary administration of companies under Sub-part IV of Part III;(i)"Mauritius insolvency proceedings" means a collective judicial or administrative proceeding pursuant to the law in Mauritius relating to the bankruptcy, liquidation, receivership, judicial management, statutory management, or voluntary administration of a debtor, or the reorganisation of the debtor's affairs, under which the assets and affairs of the debtor are administered, or the assets of the debtor are or will be realised for the benefit of secured or unsecured creditors.Article 3 – International obligations of Mauritius
No action may be taken under this Schedule that conflicts with an obligation of Mauritius arising out of any treaty or other form of agreement to which Mauritius is a party with one or more other States.Article 4 – Supreme Court to have jurisdiction
The functions referred to in this Schedule relating to recognition of foreign proceedings and co-operation with foreign courts shall be performed by the Supreme Court.Article 5 – Authorisation of insolvency administrator to act in a foreign State
An insolvency administrator is authorised to act in a foreign State on behalf of a Mauritius insolvency proceeding, as permitted by the applicable foreign law.Article 6 – Public policy exception
(1)Nothing in this Schedule prevents the Supreme Court from refusing to take an action governed by this Schedule if the action would be manifestly contrary to the public policy of Mauritius.(2)Before the Court refuses to take an action under paragraph (1) of this article, the Court shall consider whether it is necessary for the Solicitor-General to appear and be heard on the question of the public policy of Mauritius.Article 7 – Additional assistance under other laws
Nothing in this Schedule limits the power of a court or an insolvency administrator to provide additional assistance to a foreign representative under other laws of Mauritius.Article 8 – Interpretation
In the interpretation of this Schedule, regard is to be had to its international origin and to the need to promote uniformity in its application and the observance of good faith.Chapter II
Access of foreign representatives and creditors to courts in Mauritius
Article 9 – Right of direct access
A foreign representative is entitled to apply directly to the Supreme Court.Article 10 – Limited jurisdiction
The sole fact that an application pursuant to this Schedule is made to the Supreme Court by a foreign representative does not subject the foreign representative or the foreign assets and affairs of the debtor to the jurisdiction of the Court for any purpose other than the application.Article 11 – Application by a foreign representative to commence a Mauritius insolvency
A foreign representative is entitled to apply to commence a Mauritius insolvency proceeding if the conditions for commencing such a proceeding are otherwise met.Article 12 – Participation of a foreign representative in a Mauritius insolvency proceeding
Upon recognition by the Supreme Court of a foreign proceeding, the foreign representative is entitled to participate in a Mauritius insolvency proceeding regarding the debtor.Article 13 – Access of foreign creditors to a Mauritius insolvency proceeding
(1)Subject to paragraph (2) of this Article, foreign creditors have the same rights regarding the commencement of, and participation in, a Mauritius insolvency proceeding as creditors in Mauritius.(2)Paragraph (1) of this Article does not affect the ranking of claims in a Mauritius insolvency proceeding or the exclusion of foreign tax and social security claims from such a proceeding.Article 14 – Notification to foreign creditors of a Mauritius insolvency proceeding
(1)Whenever, under a Mauritius insolvency proceeding, notification is to be given to creditors in Mauritius, such notification shall also be given to the known creditors that do not have addresses in Mauritius. The Supreme Court may order that appropriate steps be taken with a view to notifying any creditor whose address is not yet known.(2)Such notification shall be made to the foreign creditors individually, unless the Court considers that, under the circumstances, some other form of notification would be more appropriate. No letters rogatory or other, similar formality is required.(3)When a notification of commencement of a proceeding is to be given to foreign creditors, the notification shall—(a)indicate a reasonable time period for filing claims and specify the place for their filing;(b)indicate whether secured creditors need to file their secured claims; and(c)contain any other information required to be included in such a notification to creditors pursuant to the laws of Mauritius and the orders of the Court.Chapter III
Recognition of a foreign proceeding and relief
Article 15 – Application for recognition of a foreign proceeding
(1)A foreign representative may apply to the Supreme Court for recognition of the foreign proceedings in which the foreign representative has been appointed.(2)An application for recognition shall be accompanied by—(a)a certified copy of the decision commencing the foreign proceeding and appointing the foreign representative; or(b)a certificate from the foreign court affirming the existence of the foreign proceeding and of the appointment of the foreign representative; or(c)in the absence of evidence referred to in subparagraphs (a) and (b), any other evidence acceptable to the Court of the existence of the foreign proceeding and of the appointment of the foreign representative.(3)An application for recognition shall also be accompanied by a statement identifying all foreign proceedings in respect of the debtor that are known to the foreign representative.(4)The Court may require a translation of documents supplied in support of the application for recognition into an official language of Mauritius.Article 16 – Presumptions concerning recognition
(1)If the decision or certificate referred to in paragraph (2) of article 15 indicates that the foreign proceeding is a proceeding within the meaning of subparagraph (a) of article 2 and that the foreign representative is a person or body within the meaning of subparagraph (d) of article 2, the Supreme Court is entitled to so presume.(2)The Court is entitled to presume that documents submitted in support of the application for recognition are authentic, whether or not they have been legalised.(3)In the absence of proof to the contrary, the debtor's registered office, or habitual residence in the case of an individual is presumed to be the centre of the debtor's main interests.Article 17 – Decision to recognise a foreign proceeding
(1)Subject to article 6, a foreign proceeding shall be recognised if—(a)the foreign proceeding is a proceeding within the meaning of subparagraph (1) of article 2;(b)the foreign representative applying for recognition is a person or body within the meaning of subparagraph (d) of article 2;(c)the application meets the requirements of paragraph (2) of article 15; and(d)the application has been submitted to the Supreme Court.(2)The foreign proceeding shall be recognised—(a)as a foreign main proceeding if it is taking place in the State where the debtor has the centre of its main interests; or(b)as a foreign non-main proceeding if the debtor has an establishment within the meaning of subparagraph (f) of article 2 in the foreign State.(3)An application for recognition of a foreign proceeding shall be decided upon at the earliest possible time.(4)As soon as practicable, after the Court recognises the foreign proceeding under paragraph (1) of this Article, the foreign representative shall notify the debtor, in the prescribed form, that the application has been recognised.(5)The provisions of articles 15, 16, 17 and 18 do not prevent modification or termination of recognition if it is shown that the grounds for granting it were fully or partially lacking or have ceased to exist.Article 18 – Subsequent information
From the time of filing the application for recognition of the foreign proceeding, the foreign representative shall inform the Supreme Court promptly of—(a)any substantial change in the status of the recognised foreign proceeding or the status of the foreign representative's appointment; and(b)any other foreign proceeding regarding the same debtor that becomes known to the foreign representative.Article 19 – Relief that may be granted upon application for recognition of a foreign proceeding
(1)From the time of filing an application for recognition until the application is decided upon, the Supreme Court may, at the request of the foreign representative, where relief is urgently needed to protect the assets of the debtor or the interests of the creditors, grant relief of a provisional nature, including—(a)staying execution against the debtor's assets;(b)entrusting the administration or realisation of all or part of the debtor's assets located in Mauritius to the foreign representative or another person designated by the Court, in order to protect and preserve the value of assets that, by their nature or because of other circumstances, are perishable, susceptible to devaluation or otherwise in jeopardy; and(c)any relief mentioned in paragraph (1)(c) and (d) of article 21.(2)As soon as practicable, after the Court grants relief under paragraph (1) of this Article, the foreign representative shall notify the debtor, in the prescribed form, of the relief that has been granted.(3)Unless extended under paragraph (1)(f) of article 21, the relief granted under this Article terminates when the application for recognition is decided upon.(4)The Court may refuse to grant relief under this Article if such relief would interfere with the administration of a foreign main proceeding.Article 20 – Effects of recognition of a foreign main proceeding
(1)Upon recognition by the Supreme Court of a foreign proceeding that is a foreign main proceeding—(a)commencement or continuation of individual actions or individual proceedings concerning the debtor's assets, rights, obligations or liabilities is stayed;(b)execution against the debtor's assets is stayed; and(c)the right to transfer, encumber, or otherwise dispose of any assets of the debtor is suspended.(2)Paragraph (1) of this Article does not prevent the Court, on the application of any creditor or interested person, from making an order, subject to such conditions as the Court thinks fit, that the stay or suspension does not apply in respect of any particular action or proceeding, execution, or disposal of assets.(3)Paragraph (1)(a) of this Article does not affect the right to commence individual actions or proceedings to the extent necessary to preserve a claim against the debtor(4)Paragraph (1) of this Article does not affect the right to request the commencement of a Mauritius insolvency proceeding or the right to file claims in such a proceeding.Article 21 – Relief that may be granted upon recognition of a foreign proceeding
(1)Upon recognition by the Supreme Court of a foreign proceeding, whether main or non-main, where necessary to protect the assets of the debtor or the interests of the creditors, the Court may, at the request of the foreign representative, grant any appropriate relief, including—(a)staying the commencement or continuation of individual actions or individual proceedings concerning the debtor's assets, rights, obligations, or liabilities, to the extent they have not been stayed under paragraph (1)(a) of article 20;(b)staying execution against the debtor's assets to the extent it has not been stayed under paragraph (1)(b) of article 20;(c)suspending the right to transfer, encumber, or otherwise dispose of any assets of the debtor to the extent this right has not been suspended under paragraph (1)(c) of article 20;(d)providing for the examination of witnesses, the taking of evidence, or the delivery of information concerning the debtor's affairs, rights, obligations or liabilities;(e)entrusting the administration or realisation of all or part of the debtor's assets located in Mauritius to a foreign representative or another person designated by the Court; and(f)extending relief granted under paragraph (1) of article 19.(2)Upon recognition by the Supreme Court of a foreign proceeding, whether main or non-main, the Court may, at the request of the foreign representative, entrust the distribution of all or part of the debtor's assets located in Mauritius to the foreign representative or another person designated by the Court, provided that the Court is satisfied that the interests of creditors in Mauritius are adequately protected.(3)In granting relief under this Article to a representative of a foreign nonmain proceeding, the Court must be satisfied that the relief relates to assets that, under the laws of Mauritius, should be administered in the foreign non-main proceeding or concerns information required in that proceeding.Article 22 – Protection of creditors and other interested persons
(1)In granting or denying relief under article 19 or 21, or in modifying or terminating relief under paragraph (3) of this Article, the Supreme Court must be satisfied that the interests of the creditors and other interested persons, including the debtor, are adequately protected.(2)The Court may subject relief granted under article 19 or 21 to conditions it considers appropriate.(3)The Court may, at the request of the foreign representative or a person affected by relief granted under article 19 or 21, or at its own motion, modify or terminate such relief.(4)The Court must, on application of the statutory receiver, terminate the relief granted under article 19 or 21 if—(a)an application for recognition has been made in respect of a debtor that is a bank or financial institution licensed under the Banking Act;(b)the Court has granted that application or the Court has granted relief under article 19; and(c)the debtor is placed in statutory receivership under the Banking Act after that application or relief has been granted.Article 23 – Actions to avoid acts detrimental to creditors
(1)Upon recognition by the Supreme Court of a foreign proceeding, the foreign representative has standing to initiate any action that an insolvency administrator may take in respect of a Mauritius insolvency proceeding that relates to a transaction (including any gifts or improvement of property or otherwise), security, or charge that is voidable or may be set aside or altered.(2)When the foreign proceeding is a foreign non-main proceeding, the Court must be satisfied that the action relates to assets that, under the laws of Mauritius, should be administered in the foreign non-main proceeding.(3)To avoid any doubt, nothing in paragraph (1) of this Article affects the doctrine of relation back as it is applied in Mauritius.Article 24 – Intervention by a foreign representative in Mauritius insolvency proceeding
Upon recognition by the Supreme Court of a foreign proceeding, the foreign representative may, provided the requirements of the laws of Mauritius are met, intervene in any proceeding in which the debtor is a party.Chapter IV
Co-operation with foreign courts and foreign representative
Article 25 – Co-operation and direct communication between the Supreme Court and foreign courts or foreign representatives
(1)In matters referred to in paragraph (1) of article 1, the Supreme Court shall co-operate to the maximum extent possible with foreign courts or foreign representatives, either directly or through an insolvency administrator.(2)The Court is entitled to communicate directly with, or to request information or assistance directly from, foreign courts or foreign representatives.Article 26 – Co-operation and direct communication between the insolvency administrator and foreign courts or foreign representatives
(1)In matters referred to in paragraph (1) of Article, an insolvency administrator shall, in the exercise of its functions and subject to the supervision of the Supreme Court, co-operate to the maximum extent possible with foreign courts or foreign representatives.(2)The insolvency administrator is entitled, in the exercise of its functions and subject to the supervision of the Court, to communicate directly with foreign courts or foreign representatives.Article 27 – Forms of co-operation
Co-operation referred to in articles 25 and 26 may be implemented by any appropriate means, including—(a)appointment of a person or body to act at the direction of the Supreme Court;(b)communication of information by any means considered appropriate by the Court;(c)co-ordination of the administration and supervision of the debtor's assets and affairs;(d)approval or implementation by courts of agreements concerning the co-ordination of proceedings; and(e)co-ordination of concurrent proceedings regarding the same debtor.Chapter V
Concurrent proceedings
Article 28 – Commencement of a Mauritius insolvency proceeding after recognition of a foreign main proceeding
After recognition by the Supreme Court of a foreign main proceeding, a Mauritius insolvency proceeding may be commenced only if the debtor has assets in Mauritius; the effects of that proceeding shall be restricted to the assets of the debtor that are located in Mauritius and, to the extent necessary to implement co-operation and co-ordination under articles 25, 26 and 27 to other assets of the debtor that, under the laws of Mauritius, should be administered in that proceeding.Article 29 – Co-ordination of a Mauritius insolvency proceeding and a foreign proceeding
Where a foreign proceeding and a Mauritius insolvency proceeding are taking place concurrently regarding the same debtor, the Supreme Court shall seek cooperation and co-ordination under articles 25, 26 and 27, and the following shall apply—(a)when the Mauritius insolvency proceeding is taking place at the time the application for recognition of the foreign proceeding is filed—(i)any relief granted under article 19 or 21 must be consistent with the Mauritius insolvency proceeding; and(ii)if the foreign proceeding is recognised in Mauritius as a foreign main proceeding, article 20 does not apply;(b)when the Mauritius insolvency proceeding commences after recognition, or after the filing of the application for recognition, of the foreign proceedings—(i)any relief in effect under article 19 or 21 shall be reviewed by the Court and shall be modified or terminated if inconsistent with the Mauritius insolvency proceeding; and(ii)if the foreign proceeding is a foreign main proceeding, the stay and suspension referred to in paragraph (1) of article 20 shall be modified or terminated pursuant to paragraph (2) of article 20 if inconsistent with the Mauritius insolvency proceeding; and(c)in granting, extending, or modifying relief granted to a representative of a foreign non-main proceeding, the Court must be satisfied that the relief relates to assets that, under the laws of Mauritius, should be administered in the foreign non-main proceeding or concerns information required in that proceed.Article 30 – Co-ordination of more than one foreign proceeding
In matters referred to in paragraph (1) of article 1, in respect of more than one foreign proceeding regarding the same debtor, the Supreme Court shall seek co-operation and co-ordination under articles 25, 26 and 27, and the following shall apply—(a)any relief granted under article 19 or article 21 to a representative of a foreign non-main proceeding after recognition of a foreign main proceeding must be consistent with the foreign main proceeding;(b)if a foreign main proceeding is recognised after recognition, or after the filing of an application for recognition, of a foreign non-main proceeding, any relief in effect under article 19 or article 21 shall be reviewed by the Court and shall be modified or terminated if inconsistent with the foreign main proceeding; and(c)if, after recognition of a foreign non-main proceeding, another foreign non-main proceeding is recognised, the Court shall grant, modify or terminate relief for the purpose of facilitating co-ordination of the proceedings.Article 31 – Presumption of insolvency based on recognition of a foreign main proceeding
In the absence of evidence to the contrary, recognition of a foreign main proceeding is, for the purpose of commencing a Mauritius insolvency proceeding, proof that the debtor is insolvent.Article 32 – Rule of payment in concurrent proceedings
Without prejudice to secured claims or rights in rem, a creditor who has received part payment in respect of its claim in a proceeding pursuant to a law relating to insolvency in a foreign State may not receive a payment for the same claim in a Mauritius insolvency proceeding regarding the same debtor, so long as the payment to the other creditors of the same class is proportionately less than the payment to the creditor has already received.Tenth Schedule (Sections 374 and 378)
Public register of bankrupts
1.When public register to be accessible(1)A public register shall be available for access and searching by members of the public during business hours on a working day.(2)The Director may refuse access to a public register or suspend the operation of a public register, in whole or in part—(a)if the Director considers that for reasons of audit or technical maintenance it is not practical to provide temporary access to the register; or(b)for any other reason that is prescribed by regulations made under this Act.2.General information to be held in public registers(1)The public registers shall contain the following information in respect of a person who is or has been bankrupt—(a)the person's full name;(b)whether the person is currently bankrupt, or has been discharged from bankruptcy;(c)the bankruptcy number;(d)the person's address as contained in his statement of affairs, or application for adjudication or, if he has notified the Official Receiver of a change of address, that address, or in the case of adjudication on a creditor's application, his address contained in that application;(e)the person's occupation and current employment status, if known;(f)in the case of an adjudication by the Court, the time and date of the adjudication;(g)if the person is a discharged bankrupt, the date, type, and conditions (if any) of discharge;(h)if the bankruptcy was annulled under section 67(1)(b) or (c) under which of those provisions it was annulled;(i)if the Court has refused to discharge the person from bankruptcy, that information;(j)if the Court has suspended the discharge from bankruptcy, that information;(k)any other prescribed information or documents.(2)Subject to paragraph 1, the information listed in subsection (1) must be available to any member of the public.(3)A public register must not contain any information in relation to a person whose bankruptcy was annulled under section 67(1)(a).(4)All information relating to a person who has been adjudicated bankrupt and discharged from bankruptcy must be removed from the public register—(a)5 years after the date of discharge; but(b)in the case of a conditional discharge, 5 years after the discharge becomes unconditional.(5)All information relating to a person who has been adjudicated bankrupt but whose bankruptcy has been annulled under section 67(1)(b) or (c) must be removed 7 years after the date of adjudication from the public register.3.Restricted information that may be held in public register(1)The public register may contain any or all of the documents set out in section 27(3) in respect of a person who is or has been bankrupt.(2)A member of the public shall not have access to the documents contained in the public register under subsection (1) in respect of that person unless that person is entitled to inspect those documents under section 27(3).4.When Insolvency Service may omit, remove, restrict access to, or amend, information contained in public registers(1)The Director may omit, remove, or restrict access to information contained in a public register in respect of a person if the Court on the application of that person or the Director considers that the disclosure of the information via the public register would be prejudicial to that person's safety or the safety of his family.(2)The Director may amend the information contained in a public register in order to update the information or correct any error in, or omission from, the information.(3)The Director may refuse to provide access to any information in a public register if, in the Director's opinion, it is impractical to provide the volume of information requested.5.Search of public registers(1)A person may only search the public registers in accordance with this Act or regulations made under this Act.(2)The public registers may be searched only by reference to the following criteria—(a)the bankruptcy number;(b)the name, or any part of the name of a person;(e)the date of adjudication or discharge, by reference to a range of dates;(f)any combination of the criteria in paragraphs (a) to (e);(g)any other prescribed criteria.(3)In subsection (2)(d), "insolvency status" means that a person—(a)is currently bankrupt; or(b)is a discharged bankrupt; or(c)is a discharged bankrupt subject to conditions of discharge; or(d)was adjudicated bankrupt but the adjudication was annulled under section 67(1)(b) or (c).(4)The public registers may be searched—(a)by any individual, or by any person with the consent of that individual, for the purpose of searching for information about that individual;(b)by any person for the purpose of ascertaining whether another person is bankrupt, is a discharged bankrupt, or is currently admitted to the no asset procedure;(c)by any person for any purpose related to the bankruptcy of a person;(d)by any person for the purposes of—(i)facilitating the compliance, audit, and other supporting and administrative functions of the Official Receiver, the Insolvency Service, the Court, or any other person required to be provided under this Act or any other enactment; and(ii)facilitating the enforcement functions and the exercise of the powers of the Official Receiver, the Insolvency Service, the Courts, or any other person required to be excused under this Act or any other enactment.6.Information contained in public registers may be used for statistical or research purposesNothing in this Sub-part prevents the use of information contained in the public registers for statistical or research purposes if the information—(a)does not identify any person; and(b)is not published in any form that could reasonably be expected to identify any person.7.Insolvency Service and Official Receiver not liable for act or omissionThe Insolvency Service and the Official Receiver and any officer or employee in the Insolvency Service shall not be liable at the suit of any person for any act or omission in relation to the maintenance of a public register under this Sub-part or done or omitted to be done in good faith and with reasonable care.Eleventh Schedule (Section 406)
Oath of confidentiality in the Supreme Court of Mauritius
I, ________________________ being appointed do hereby swear/solemnly affirm that I will, to the best of my judgment, act for the furtherance of the objects of the [Insolvency Service/Companies Supervisory Committee] and shall not, on any account and at any time, disclose, otherwise than with the authorisation of the [Insolvency Service/Companies Supervisory Committee] or where it is strictly necessary for the performance of my duties, any confidential information obtained by me during or after my relationship with the [Insolvency Service/Companies Supervisory Committee].Taken before me, ________________________The Master and Registrar of the Supreme Court on ________________