Section 57:
Winding up of secondary companies.
(1) Where the insurance business or any part of the
insurance business of an insurance company has been transferred to another insurance company under an
arrangement in pursuance of which the first mentioned company (in this section referred to as the
secondary company) or the creditors thereof has or have claims against the company to which such
transfer was made (in this section referred to as the principal company) then, if the principal company is
being wound up by 1***, the 2[Tribunal] shall (subject as hereinafter mentioned) order the secondary
company to be wound up in conjunction with the principal company and may by the same or any
subsequent order appoint the same person to be liquidator for the two companies and make provision for
such other matters as may seem to the 2[Tribunal] necessary with a view to the companies being wound
up as if they were one company.
(2) The commencement of the winding up of the principal company shall, save as otherwise ordered
by the 2[Tribunal], be the commencement of the winding up of the secondary company.
(3) In adjusting the rights and liabilities of the members of the several companies among themselves
the 2[Tribunal], shall have regard to the constitution of the companies and to the arrangements entered
into between the companies in the same manner as the 2[Tribunal], has regard to the rights and liabilities
of different classes of contributories in the case of winding up of a single company or as near thereto as
circumstances admit.
(4) Where any company alleged to be secondary is not in process of being wound up at the same time
as the principal company to which it is alleged to be secondary, the 2[Tribunal] shall not direct the
secondary company to be wound up, unless, after hearing all objections (if any) that may be urged by or
on behalf of the company against its being wound up, the 2[Tribunal] is of opinion that the company is
secondary to the principal company and that the winding up of the company in conjunction with the
principal company is just and equitable.
(5) An application may be made in relation to the winding up of any secondary company in
conjunction with the principal company by any creditor of, or person interested in, the principal or
secondary company.
(6) Where a company stands in the relation of a principal company to one insurance company and in
the relation of a secondary company to some other insurance company or where there are several
insurance companies standing in the relation of secondary companies to one principal company,
the 2[Tribunal] may deal with any number of such companies together or in separate groups as it thinks
most expedient upon the principles laid down in this section.
Notes:
1. The Words "or under the supervision of the Court" omitted by Act 11 of 2003, s. 133 and the Schedule (w.e.f. 1-4-2003).
2/ Subs. by s. 133 and the Schedule serial no. 6(b), ibid., for "Court" (w.e.f. 1-4-2003).