(1) While a company is being wound up in insolvency or by the Court, a person
cannot perform or exercise, and must not purport to perform or exercise, a
function or power as an officer of the company, except:
- (a)
- as a liquidator
appointed for the purposes of the winding up; or
- (b)
- as an administrator appointed for the purposes of an administration of the
company beginning after the winding up order was made; or
- (c)
- with the liquidator's written approval; or
- (d)
- with the approval of the Court.
(2) While a provisional liquidator of a company is acting, a person cannot
perform or exercise, and must not purport to perform or exercise, a function
or power as an officer of the company, except:
- (a)
- as a provisional
liquidator of the company; or
- (b)
- as an administrator appointed for the purposes of an administration of the
company beginning after the provisional liquidator was appointed; or
- (c)
- with the provisional liquidator's written approval; or
- (d)
- with the approval of the Court.
(3) This section does not remove an officer of a company from office.
(4) For the purposes of this section, a person is not an officer of a company
merely because he or she is:
- (a)
- a receiver and manager, appointed under a
power contained in an instrument, of property of the company; or
- (b)
- an employee of the company.