Section 369 of Insolvency Act CAP 53: Estate vests in trustee

The trustee shall, as soon as practicable after the estate vests in the trustee, realise, administer, and distribute the assets in accordance with the law and practice of bankruptcy, subject to any...

(1) This section applies if the estate that vests in the trustee includes any of the deceased's necessary household furniture and effects that would have passed to the deceased's surviving spouse if...

(1) The trustee may make an allowance out of the estate to the surviving spouse or to any of the relatives or dependants of the deceased or the surviving spouse for the support of any of...

This Division applies if the Court has made an order that the estate of a deceased person be administered under this Part.

The trustee has, in relation to the estate, the same functions and powers as a bankruptcy trustee has in relation to the property of a bankrupt.

(1) The trustee shall distribute the estate in the following order— (a) firstly, payment of all proper costs, charges, debts and expenses of the due administration of the estate, whether incurred...

(1) In this section, "surplus" means the surplus of assets that remains with the trustee after the trustee has paid in full— (a) the debts due by the deceased debtor; (b) the costs of the...

If an order that a deceased's estate be administered under this Part is notified to the deceased's executor or administrator, the executor or administrator may obtain a proper discharge for any...

(1) A trustee may take a step that a bankruptcy trustee could have taken under Division 19 of Part III (for example, by cancelling an irregular transaction) as if the deceased had been bankrupt at the...

The trustee may cancel an execution against the deceased debtor's estate unless it was completed more than three months before the date of the order that the estate be administered under this Part.

A payment made, or an act done or omitted to be done, in good faith by an executor or administrator in respect of a deceased's estate before the executor or administrator had notice of an intention to...

(1) This Part applies to the liquidation of a company registered under the Companies Act (Cap. 486). (2) A liquidation may be either— (a) voluntary in accordance with Divisions 2 to 5; or (b) by the...

In this Part— (a) a liquidation in the case of which a directors' statutory declaration under section 398 has been made is a "members' voluntary liquidation"; and (b) a liquidation in the case of...

(1) In this Part— "contributories"— (a) means all persons liable to contribute to the assets of a company if it is liquidated; and (b) for the purposes of all proceedings for determining, and all...

(1) For the purposes of this Part, a company is unable to pay its debts— (a) if a creditor (by assignment or otherwise) to whom the company is indebted for hundred thousand shillings or more has...

(1) When a company is being liquidated, every present and former member is liable to contribute to its assets to any amount sufficient for payment of its debts and liabilities, and the expenses of the...

(1) In this section, "relevant payment" means a payment made out of capital in respect of the redemption or purchase by a company of any of its own shares. (2) This section applies if a company is in...

(1) This section applies to a company that is in liquidation if it was previously registered as unlimited but has since become re-registered as a limited company. (2) Despite section 385(2)(a), a...

(1) This section applies to a company in liquidation that has previously been registered as limited but has since become re-registered as unlimited. (2) A person who, at the time when the application...

The liability of a contributory creates an ordinary contract debt due from the contributory at the time when the contributor's liability began, but payable at the times when calls are made to enforce...

(1) If a contributory dies either before or after being placed on the list of contributories, the contributory's personal representatives are, in administering the contributory's estate, liable to...

If a contributory is adjudged bankrupt, either before or after being placed on the list of contributories, the following provisions apply— (a) the contributory's bankruptcy trustee represents the...

(1) This section applies to a company in liquidation that is registered but was not formed under the Companies Act (Cap. 486). (2) A person is, in respect of the company's debts and liabilities...

(1) A company may be liquidated voluntarily— (a) when the period (if any) fixed for the duration of the company by the articles expires, or the event (if any) occurs, on the occurrence of which the...

(1) Within fourteen days after a company has passed a resolution for its voluntary liquidation, it shall publish a notice setting out the resolution— (a) once in the Gazette; (b) once in at least...

The voluntary liquidation of a company commences when the resolution for voluntary liquidation is passed.

(1) On and after the commencement of voluntary liquidation of a company, the company shall cease to carry on its business, except in so far as may be necessary for its beneficial...

The following are void if made after the commencement of a voluntary liquidation of a company— (a) any transfer of the company's shares (other than a transfer made to or with the sanction of the...

(1) If it is proposed to liquidate a company voluntarily, the directors (or, in the case of a company having more than two directors, the majority of them) may at a directors' meeting make a statutory...

(1) In a members' voluntary liquidation, the company in general meeting shall appoint one or more liquidators for the purpose of liquidating the company's affairs and distributing its assets. (2) On...

(1) If a vacancy occurs (whether by death, resignation or otherwise) in the office of liquidator appointed by the company, the company in general meeting shall, subject to any arrangement with its...

(1) If the liquidation of a company continues for a period of twelve months or more, the liquidator shall convene a general meeting of the company— (a) within three months after the end of that...

(1) As soon practicable after the liquidation of the company's affairs is complete, the liquidator— (a) shall prepare an account of the liquidation showing how it has been conducted and how the...

(1) This section applies if the liquidator is of the opinion that the company will be unable to pay its debts in full (together with interest at the official rate) within the period stated in the...

As from and including the date on which the creditors' meeting is held in accordance with section 403— (a) this Part has effect as if— (i) the directors' declaration under section 398 had not been...

(1) Except as provided by subsection (2), this Division applies in relation to a creditors' voluntary liquidation. (2) Sections 406 and 407 do not apply if, under section 404, a members' voluntary...

(1) A company that is in the course of liquidation shall— (a) convene a meeting of the company's creditors for a day not later than the fourteenth day after the day on which there is to be held the...

(1) The directors of the company shall— (a) prepare a statement setting out the financial position of the company that complies with subsection (3); (b) lay that statement before the creditors'...

(1) The creditors and the company at their respective meetings may nominate an authorised insolvency practitioner to be liquidator for the purpose of liquidating the company's affairs and distributing...

(1) The creditors at the meeting to be held in accordance with section 406 or at any subsequent meeting may, if they think appropriate, appoint a liquidation committee of not more than five persons to...

If, in the case of a liquidation that was under section 404 converted to a creditors' voluntary liquidation, a creditors' meeting is held in accordance with section 403, any appointment made or...

On the appointment of a liquidator, all the powers of the directors cease, except so far as the liquidation committee, or if there is no such committee, the creditors, sanction their continuance.

(1) If a vacancy occurs in the office of liquidator, the creditors may fill the vacancy. (2) Subsection (1) does not apply to a liquidator appointed by, or by the direction of, the Court.

(1) A liquidator who continues in office for more than twelve months shall convene a general meeting of the company and a meeting of the creditors to be held— (a) within three months after the end of...

(1) As soon practicable after the liquidation of the company's affairs has been completed, the liquidator shall prepare an account of the liquidation and an explanation showing how it has been...

(1) On the liquidation, the company's property in the voluntary liquidation— (a) are to be applied in satisfaction of the company's liabilities equally and without preference; and (b) subject to...

(1) The Court may appoint a liquidator if for any reason there is no liquidator or the liquidator is unable to act. (2) The Court may, on cause shown, remove a liquidator and appoint another...

(1) Within seven days after being appointed as liquidator of a company, the liquidator shall publish a notice of the liquidator's appointment— (a) once in the Gazette; (b) once in at least two...

(1) In this section— (a) the transferor company is a company to which this section applies; and (b) a transferee company, or a transferee limited liability partnership, is the company or partnership...

(1) This section applies to a voluntary liquidation in relation to which the transferor company has passed a special resolution, for the purposes of section 418(3) or (5), providing the approval...