Section 153
of International Business Companies Order, 2000
Section 153
(1)
Where an IBC has been struck off the register, it shall remain responsible (as a body corporate) for all its claims, debts, liabilities and obligations; and in the following provisions of this section “the company” means the body which, before being struck off was an IBC.
(2)
Where an IBC has been struck off the register, the striking off shall not affect the liability of any of its members, directors, officers or agents, but the company and its directors, members, liquidators and receivers may not legally –
(a)
commence legal proceedings, carry on any business or in any way deal with the assets of the company;
(b)
defend any legal proceedings, make any claim or claim any right for, or in the name of, the former IBC; or
(c)
act in any way with respect to the affairs of the former IBC.
(3)
Notwithstanding subsection (2), where an IBC has been struck off the register, the company or a director, member, liquidator or receiver of the company may –
(a)
apply for restoration of the IBC to the register;
(b)
continue to defend proceedings that were commenced prior to the date of the striking off; and
Incorporating amendments until S 53/2017
(Clean Vesion) NANI/zimah _ as of 11 February 2020
144
BLUV as at 20th June 2017
(c)
continue to carry on legal proceedings that were instituted on behalf of the IBC prior to the date of the striking off.
(4)
The fact that an IBC has been struck off does not prevent –
(a)
the company from incurring liabilities;
(b)
any creditor from making a claim against the company and pursuing the claim through to judgment or execution; or
(c)
the appointment by the Court of a liquidator for the company under section 103.
Appointment by Court of liquidator.