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Special Committee Companies Bill, 1962 debate -
Tuesday, 9 Apr 1963

SECTION 310.

I move amendment No. 98 :

In subsection (1), line 16, after the words " within 2 years of the date of the dissolution " to insert " or where fraud is proved, at any time within 6 years of the date of dissolution."

The reason I suggest this is to give power to the court to declare the dissolution of a company void where fraud is in fact proved. As it stands at the moment, after the expiration of two years, the court would have power to declare the dissolution of a company void. The case can be made to extend the power to six years where a person comes to ask the court to exercise the powers given it by this section. The two year period might be too short and I accordingly suggest that the time might be extended to six years.

At first sight, there seems to be no reason why the amendment should not be accepted. If the Deputy would agree to withdraw the amendment at this stage, I shall undertake to consult the draftsmen and either re-introduce the amendment myself or allow the Deputy to do so later. But we will have to bear Section 305 in mind.

Amendment, by leave, withdrawn.
Section 310 agreed to.
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