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Section 67

Ancillary orders

of Interest Schemes Act 2016

ActIn forceProvision 67 of 92
Section 67
(1)

An application for an order under subsection (2) for the winding up of a scheme may be made to the Court by—

(a)

the management company;

(b)

the trustees;

(c)

a director of the management company;

(d)

an interest holder of the scheme; or

(e)

the Registrar.

(2)

Upon an application made under this section, the Court may—

(a)

appoint a qualified person to take responsibility for ensuring a registered scheme is wound up in accordance with its trust deed or contractual agreement and any order including for the reason that the management company has ceased to exist or is not properly discharging its obligations in relation to the winding up; or

76 Laws of Malaysia ACT 778

(b)

give directions on how a scheme is to be wound up, including for the reason that the provisions in the trust deed or contractual agreement are inadequate or impracticable.

(3)

For the purposes of this section, “a qualified person” means an approved liquidator as defined in the Companies Act 2016.