Debates of 23 Mar 2020

MR SPEAKER
PRAYERS 10:41 a.m.
ANNOUNCEMENT 10:41 a.m.
Mr Speaker 10:41 a.m.
Hon Members, by way of announcement, I want you to take notice that we discussed at leadership meeting this morning that in view of the global instructions as to distance between persons when seated or standing, for the time being, we want to leave one seat in-between every two Hon Members' seats, so that we sit in a way whereby it would be healthy for us. Also, we would show good example to our country men and women because of our stature as Hon Members of this honourable House.
Meanwhile, as the Hon Majority Leader suggested the other day, we are in the process to make all relevant arrangements, if we could relocate temporarily to the Conference Centre,
of course, with the permission of the Executive and carry on with our Business there. Maybe, this thing would make people realise that Parliament really is in need of a more spacious place to do the Business that we are mandated to do. So in future, all these things would be considered accordingly. That is for us to take note. As much as possible, please, leave one seat in between, and the Whips would take note accordingly.
VOTES AND PROCEEDINGS AND THE OFFICIAL REPORT 10:41 a.m.
Mr Speaker 10:41 a.m.
Hon Members, Correction of Votes and Proceedings of Saturday, 21st March, 2020.
Pages 1…4 --
rose
Mr Ablakwa 10:41 a.m.
Mr Speaker, on page 4, with regard to the list of Hon Members who were absent, I really hold the view that on Friday, there was no consensus as to the Sitting on Saturday. So to mark all of us absent --
Mr Speaker 10:41 a.m.
Hon Member, what does that come in the Votes and Proceedings?
Mr Ablakwa 10:41 a.m.
Mr Speaker, because we have been marked absent; we were not aware that there was any meeting --
Mr Speaker 10:41 a.m.
Hon Member, you are out of order. People who have taken a stand on this matter may keep to their stand but we shall make progress.
Pages 4…7 --
rose
Mr Speaker 10:41 a.m.
Yes, Hon Minority Chief Whip?
Alhaji Muntaka 10:41 a.m.
Mr Speaker, on page 7, I have been marked absent. Mr Speaker, the Business Statement was not agreed upon --
Mr Speaker 10:41 a.m.
Hon Member, if you have been marked absent, it is the Table Office which has to solve that out with you accordingly.
Alhaji Muntaka 10:41 a.m.
Mr Speaker, Saturdays are not Sitting days, so for us to be marked absent, where lies the equity and fairness?
Mr Speaker 10:41 a.m.
Hon Member, I cannot debate that at this moment. Sort it out with the Table Office, if you have been wrongly marked.
Page 8 --
rose
Mr Speaker 10:41 a.m.
Yes, Hon Member?
Mr Chireh 10:41 a.m.
Mr Speaker, under the item numbered 92, on page 7, the Hon Member for Binduri, Dr Robert Baba Kuganab-Lem, has been marked absent. However, he is one of the people the Hon Majority Leader asked to stay away from Parliament. So why should he be marked absent?
Mr Speaker 10:41 a.m.
He was absent because --
Mr Chireh 10:41 a.m.
Mr Speaker, he has been asked to stay away from Parliament, so he should not be marked absent.
Mr Speaker 10:41 a.m.
Hon Member, make it clear.
Mr Chireh 10:41 a.m.
Mr Speaker, the Hon Majority Leader, announced that two Hon Members and five staff who returned from outside the country recently, should stay out of Parliament. So why should the Hon Member be marked as being absent?
Mr Speaker 10:41 a.m.
He should be marked absent with permission.

you say “absent with permission', that is alright but not “absent'' absolutely.
Mr Speaker 10:51 a.m.
Please, let that be stated for him according. It is very important and there is no peril about this at all because there was a reason for his absence.

Page 19 -- 22.

Hon Members, the Votes and Proceedings of Saturday, 21st March, 2020 as corrected is hereby admitted as the true record of proceedings.

At the commencement of Public Business, item listed 4; Hon Majority Leader, if you would please lead the process on what is available and what is not so that we may proceed?
Mr Osei Kyei-Mensah-Bonsu 10:51 a.m.
Mr Speaker, the Hon Chairman of the Committee on Finance is not available now and also not available, is the Hon Chairman of the Committee on Local Government. I have no advice as to the status of the item numbered 4 (a) and (b). In respect of the item numbered 4 (c), the Committee of the Whole intends to have a meeting on Wednesday. So that Report cannot be ready for consideration today.
Mr Speaker, I believe in the circumstance, we would have to deal with the item numbered 5, since the Chairman of the Committee on Roads and Transport is also not here.
Mr Speaker 10:51 a.m.
Hon Members, shall we go to the item numbered 5; Corporate Insolvency Bill, 2019 at the Consideration stage?
BILLS --CONSIDERATION 10:51 a.m.
STAGE 10:51 a.m.
rose
Mr Speaker 10:51 a.m.
Hon Minority Chief Whip, is there any difficulty?
Alhaji Mohammed-Mubarak Muntaka 10:51 a.m.
Mr Speaker, I would want to refer you to article 102 of the Constitution which states, with your permission:
“A quorum of Parliament, apart from the person presiding, shall be one-third of all members of Parliament.”
Mr Speaker, I would equally refer you to Standing Order 48 which states 10:51 a.m.
“The presence of at least one third of all members of Parliament beside the person presiding shall be necessary to constitute a quorum of the House.”
Mr Speaker, I would like to draw your attention that we do not have a quorum to take any decision and to even Sit. So I do not know if you would take the necessary steps as stipulated in Order 48 to let us have quorum else we would have difficulty in continuing. Even the Chairman of the Committee is not here, so I do not see why we could be proceeding once we do not have quorum.
Mr Kyei-Mensah-Bonsu 10:51 a.m.
Mr Speaker, article 104 (1) of the Constitution provides that when matters in Parliament come up for determination, it shall have foundation on at least, one-half of the members present in the Chamber and on voting.
Mr Speaker, we are discussing the Bill, and when we come to taking decisions, we would know what to do.
Mr Speaker 10:51 a.m.
Hon Majority Leader, so your point is that?
Mr Kyei-Mensah-Bonsu 10:51 a.m.
Mr Speaker, my information is that Hon Members are in their offices, so the bell could be rung for ten minutes.
Mr Speaker 10:51 a.m.
The bell is ringing. Shall we continue to do our Business?
Mr Anyimadu-Antwi 10:51 a.m.
Mr Speaker, I beg to move, clause 85, headnote, after “conversion” insert “from private liquidation”.
So the new rendition would be:
“Procedure on conversion from private liquidation to official winding-up”.
Mr Speaker 10:51 a.m.
Hon Chairman of the Committee, question is to be put on clause 35; are you aware?
Mr Anyimadu-Antwi 10:51 a.m.
Mr Speaker, I already drew your attention that we finished with clause 84. So I am continuing from the item numbered (v); the others are outstanding and I believe that we would come to them later.

am going by what is before me; item numbered (i), clause 35, Question to be put. Do you have any objection to the Question being put at this stage?
Mr Kyei-Mensah-Bonsu 10:51 a.m.
Mr Speaker, we did not conclude on clauses 35 and 68. So we stood them down for further consultations; those ones remain outstanding.
We would deal with clause 85 which starts from the item numbered (v) onwards.
Mr Speaker 10:51 a.m.
Chairman, please, go ahead.
Mr Anyimadu-Antwi 10:51 a.m.
Mr Speaker, I have already moved that clause 85, headnote, after “conversion” insert “from private liquidation”.
Mr Kwame G. Agbodza 10:51 a.m.
Mr Speaker, this is headnote and the Chairman just said that “he wants to insert that|; what is the reason for this insertion?
Mr Anyimadu-Antwi 10:51 a.m.
Mr Speaker, this is obvious. If you read what is there now, it says, “Procedure on conversion to official winding-up”. Now, we are only inserting where it starts from “to the official winding-up”.
It is self-explanatory; so the process starts from “private liquidation to official winding-up”.
Mr Joseph Y. Chireh 11:01 a.m.
Mr Speaker, I have two issues: one, the issue on clause 35 was to put the Question. The Committee that considered this Bill did not make recommendation for amendment. Whatever the issue is, we ought to be resolving it by now.

It is similar to the other one I am taking about in terms of clause 68. Why would one go ahead and leave some standing? Apart from that, the issue of quorum must be reached and when the Question is put now and we respond ‘yes' or ‘no' --
Mr Speaker 11:01 a.m.
Hon Member, please, whiles the bell is being rang, Business continues as usual and that is a Standing Order of this honourable House. Please, it is my business to ensure that there are no unnecessary incursions as to the smoothness of Business in the House during the legitimate period.
Alhaji Mohammed-Mubarak Muntaka 11:01 a.m.
Mr Speaker, the issue of quorum is different from taking a decision. Article 104 is very clear on decision making as you would need
half of the House to take a decision. We could be going on with the Business of the House while suspending taking a decision - to take a decision, we definitely need half of the House. So that is a different thing altogether, which is what Hon Chireh is saying.
Mr Speaker, so you could continue by suspending taking a decision whiles we try to wait till 10 minutes' time as taking a decision will require half of the House to do so.
Mr Speaker 11:01 a.m.
All the laws I have seen made in this House have been within these numbers during the Consideration Stage.
Question put and amendment agreed to.
Clause 85 as amended ordered to stand part of the Bill.
Clause 86 -- Procedure on conversion from administration
Mr Anyimadu-Antwi 11:01 a.m.
Mr Speaker, I beg to move, headnote, at end, add “to official winding-up”.
Mr Speaker, so the new rendition will read 11:01 a.m.
“Procedure on conversion from administration to official winding-up”.
Question put and amendment agreed to.
Clause 86 as amended ordered to stand part of the Bill.
Clause 87 -- Stay of proceedings
Mr Anyimadu-Antwi 11:01 a.m.
Mr Speaker, I beg to move, subclause (1), line 2, delete “a” and insert “any”.
Mr Speaker, the new rendition will read 11:01 a.m.
“On the commencement of winding-up proceedings against a company, civil proceedings against the company shall be stayed and any transfer of shares of the company within that period is void”.
Question put and amendment agreed to.
Clause 87 as amended ordered to stand part of the Bill.
Clause 88 -- Cost of application for liquidation
Mr Anyimadu-Antwi 11:01 a.m.
Mr Speaker, I beg to move, subclause (1), line 3, delete “between” and insert “by”.
Mr Speaker, the new rendition shall be 11:01 a.m.
Mr Kyei-Mensah-Bonsu 11:01 a.m.
Mr Speaker, for clause 89, there is no advertised amendment but clause 89(1)(b) states:
“An official winding-up under this Act commences;
(b) on the making of a winding- up order”.
Mr Speaker, I thought appro- priately, it should rather read; ‘on the issuance of a winding-up order'
So, if we agree to that then --
Mr Speaker 11:01 a.m.
Hon Majority Leader, we are listening.
Mr Kyei-Mensah-Bonsu 11:01 a.m.
Mr Speaker, I am told that rather, we
make an order for the “winding-up order” to be issued. So “on the making of a winding-up order” is appropriate and in which case, I will drop my amendment.
Mr Anyimadu-Antwi 11:01 a.m.
Mr Speaker, there is no advertised amendment on clauses 89 and 90.
Clauses 89 and 90 ordered to stand part of the Bill.
Clause 91 -- Cessation of business of company
Mr Anyimadu-Antwi 11:01 a.m.
Mr Speaker, I beg to move, subclause (1), line 2, delete “its business” and insert “the business of the company”.
Mr Speaker, the new rendition will be 11:01 a.m.
“On the commencement of a winding-up, the company shall cease to carry on the business of the company except where it is required to do so for the beneficial winding-up of the company”.
Mr Kyei-Mensah-Bonsu 11:01 a.m.
Mr Speaker, in clause 91, line 2, the word “its” should be deleted and substituted for “the company”
Mr Speaker, it will read 11:01 a.m.
“On the commencement of a winding-up, the company shall cease to carry on the business of the company except where
the company is required to do so for the beneficial winding-up of the company”.
Question put and amendment agreed to.
Clause 91 as amended ordered to stand part of the Bill
Clause 92 - Custody of property of company
Mr Anyimadu-Antwi 11:01 a.m.
Mr Speaker, I beg to move, subclause
(1) --
Mr Kyei-Mensah-Bonsu 11:01 a.m.
Mr Speaker, clause 91(2), line 3, the use of the possessive word “its” -- should also consequentially fall.
Mr Speaker 11:01 a.m.
Hon Majority Leader, are we going back to clause
91?
Mr Kyei-Mensah-Bonsu 11:11 a.m.
Mr Speaker, clause 91, line 2. In line 3, there is the use of the word: “its”, a possessive pronoun.

It should be deleted so that it would read “contrary in the Constitution of the company”.

Question put and amendment agreed to.

Clause 91 as amended ordered to stand part of the Bill.

Clause 92 -- Custody of property of company
Mr Speaker 11:11 a.m.
Item numbered (x).
Mr Anyimadu Antwi 11:11 a.m.
Mr Speaker, I beg to move, clause 92 subclause (1), line 1, delete “remain” and insert “be” and also delete “company” and insert “liquidator”.
The new rendition would read:
“The property of a company shall be vested in the liquidator during winding up proceedings except as otherwise directed by the liquidator.”
Mr Speaker 11:11 a.m.
I would put the Question.
Question put and amendment agreed to.
Mr Speaker 11:11 a.m.
Item numbered (xi).
Mr Anyimadu Antwi 11:11 a.m.
Mr Speaker, I beg to move, clause 92 subclause (4), line 6, delete “hands” and insert “possession” and also delete “prima facie”.
It would now read:
Mr Anyimadu Antwi 11:11 a.m.


“The money, property or books in the possession of the person to which the company is entitled”.

Question put and amendment agreed to.

Clause 92 as amended ordered to stand part of the Bill.

Clause 93 -- Prohibition of civil proceedings.
Mr Speaker 11:11 a.m.
Item numbered (xii).
Mr Anyimadu-Antwi 11:11 a.m.
Mr Speaker, I beg to move, clause 93, Redraft as follows:
“93.A person shall not, on the commencement of a winding- up, proceed with or commence an action or civil proceedings against the company, other than proceedings by a secured creditor for the realisation of the security of that secured creditor, except
(a) by leave of the Court; and
(b) subject to the terms that the Court may impose.”
Question put and amendment agreed to.
Clause 93 as amended ordered to stand part of the Bill.
Clause 94 -- Transfer of shares on commencement of winding up.
Mr Speaker 11:11 a.m.
Item numbered (xiii).
Mr Anyimadu-Antwi 11:11 a.m.
Mr Speaker, I beg to move, clause 94, line 1, delete “a” and insert “any”.
The new rendition would read:
“A transfer of shares made after the commencement of any winding up is void unless it is a transfer made to the liquidator or with the approval of the Court”.
Mr Speaker 11:11 a.m.
Hon Members, I would put the Question.
Question put and amendment agreed to.
Clause 94 as amended ordered to stand part of the Bill.
Clause 95 -- Nomination and appointment of liquidator by creditors of a company.
Mr Speaker 11:11 a.m.
Item numbered (xiv).
Mr Anyimadu-Antwi 11:11 a.m.
Mr Speaker, the Hon Ranking Member has a proposed amendment to make so we can hear him.
Alhaji I.A.B. Fuseini 11:11 a.m.
Mr Speaker, my proposal is actually on clause 94. I beg to propose that in line 2, after “unless” delete “it is a” and insert “the” so that it would be “… unless the transfer is made to the liquidator or with the approval of the Court”.
Mr Speaker 11:11 a.m.
Very well.
Question put and amendment agreed to.
Clause 94 as amended ordered to stand part of the Bill.
Mr Anyimadu-Antwi 11:11 a.m.
Mr Speaker, the Hon Majority Leader wants us to go back to clause 93.
Mr Kyei-Mensah-Bonsu 11:11 a.m.
Mr Speaker, the amendment in clause 93 was to redraft as follows:
“93. A person shall not, on the commencement of a winding- up, proceed with or commence an action or civil proceedings
against the company, other than proceedings by a secured creditor for realisation of the security of that secured creditor, except --
(a) by leave of the Court; and
(b) subject to the terms that the Court may impose.”
Mr Speaker, I wanted to know whether or not “civil proceedings” are not an action?
Mr Anyimadu-Antwi 11:11 a.m.
Mr Speaker, I concede that there may be several actions inclusive of civil proceedings and so if we understand it that way then we can delete “civil proceedings” because action may go beyond civil proceedings. It can even be administrative. So we understand action to cover “civil proceedings”.
Mr Speaker 11:11 a.m.
Hon First Deputy Speaker?
Mr Joseph Osei-Owusu 11:11 a.m.
Mr Speaker, action may be only interpreted as administrative action, but if we include civil proceedings, then it can be clearly understood that it is not intended that any court proceedings of civil nature may be taken in addition to any administrative action that may be taken.
Mr Speaker 11:11 a.m.
Hon Chairman, would you accommodate that.
Mr Anyimadu Antwi 11:11 a.m.
Mr Speaker, I think I am convinced by the Hon First Deputy Speaker. So I would move to clause 95.
Mr Speaker, I beg to move, clause 95 add the following new subclause 11:21 a.m.
“(5) In sections 96 to 107, references to “the liquidator” include references to “the official liquidator” where the official liquidator is selected by the Government.”

Mr Speaker, if we do not add this clause then it means that wherever we have “the liquidator”, we must also add “or the official liquidator where the official liquidator is selected by the Government” and this is what we would want to avoid and that is why we want to bring it in this clause, so that it would take care of clauses 96 to 107.
Alhaji I.A.B. Fuseini 11:21 a.m.
Mr Speaker, this is the appointment of a
Mr J. Osei-Owusu 11:21 a.m.
Mr Speaker, we are trying to understand why Government should be introduced at all? Government is such a huge thing; it could be anybody. So, if we want the registrar of companies to do so, we should say so. If it is a court, we should say so. But it is difficult to introduce Government at this stage. The alternative is to define “liquidator” to include “official liquidator” at the interpretation section, and so as and when it so suits the circumstance, “official liquidator” or “liquidator” may be used.
Mr Anyimadu-Antwi 11:21 a.m.
Mr Speaker, I would want to flag that and discuss it with the Hon Chairman.
Mr Speaker 11:21 a.m.
Hon Chairman, do you want to abandon the amendment ?
Mr Anyimadu-Antwi 11:21 a.m.
Mr Speaker, not yet; we would want to flag that amendment.
Clause 96 ordered to stand part of the Bill.
Clause 97 -- Powers of the liquidator in an official winding-up
Mr Anyimadu-Antwi 11:21 a.m.
Mr Speaker, I beg to move, clause 97, subclause (1), paragraph (c), line 1, after “practitioner” insert “or any other professional.”
Mr Speaker, the new rendition would be 11:21 a.m.
“97 (1) (c) appoint a legal practitioner or any other professional to assist the liquidator in the performance of the functions of the liquidator.”
Question put and amendment agreed to.
Mr Anyimadu-Antwi 11:21 a.m.
Mr Speaker, I beg to move, clause 97, subclause (1), paragraph (e), lines 2 and 3, delete “being or alleging themselves to”.
Mr Speaker, we would not insert anything, so it would read 11:21 a.m.
“…make a compromise or an agreement with creditors or person claiming to be creditors
or to have present or future claims.”
Question put and amendment agreed to.
Mr Anyimadu-Antwi 11:21 a.m.
Mr Speaker, I beg to move, clause 97, subclause (1), paragraph (g), line 1, delete “call, debt, liability” and insert “calls, debts, liabilities”.
Mr Speaker, the new rendition would be 11:21 a.m.
“…take security for the discard of the calls, debts and liabilities or claim and give complete discard in respect of them.”
Question put and amendment agreed to.
Mr Anyimadu-Antwi 11:21 a.m.
Mr Speaker, I beg to move, clause 97, subclause (1), paragraph (h), line 1, delete “real and personal”.
Mr Speaker, the new rendition would be 11:21 a.m.
“…sell the property and things in action of the company by public auction.”
Mr Speaker, whether it is real or personal, it is property, and that is
Mr Anyimadu-Antwi 11:21 a.m.
Mr Speaker, I beg to move, clause 97, subclause (1), paragraph (j), lines 1, 2 and 4, delete “bankruptcy, insolvency or sequestration” and insert “bankruptcy and insolvency” and in line 6, delete “and rateably” and insert “proportionately”.
Mr Speaker, the new rendition would read 11:21 a.m.
“…prove and rank the rank the claims in the bankruptcy and insolvency or of a contributory for a balance against the estate of the contributory and may receive dividends in the bankruptcy and insolvency regarding the balance as a separate debt due from the bankrupt or insolvent pro- portionately with the other separate creditors.”
Question put and amendment agreed to.
Mr Anyimadu-Antwi 11:21 a.m.
Mr Speaker, I beg to move, clause 97,
Subclause (1), paragraph (m), line 1, delete “to” and insert “of”.
Mr Speaker, the new rendition would be 11:21 a.m.
“…take out letter of administra- tion of a deceased contributory and perform in the name of the liquidator…”.
Question put and amendment agreed to.
Clause 97 as amended ordered to stand part of the Bill.
Clause 98 -- Delegation of functions
Mr Anyimadu-Antwi 11:21 a.m.
Mr Speaker, I beg to move, clause 98, subclause (2), line 1, delete “shall be” and insert “is”.
Mr Speaker, the new rendition would be 11:21 a.m.
“A public officer acting on behalf of the liquidator is presumed to be authorised unless the contrary is shown.”
Question put and amendment agreed to.
Mr Anyimadu-Antwi 11:21 a.m.
Mr Speaker, I beg to move, clause 98,
subclause (4), line 3, delete “person” and insert “professional”.
Question put and amendment agreed to.
Clause 98 as amended ordered to stand part of the Bill.
Clause 99 -- Powers of the Court.
Mr Anyimadu-Antwi 11:31 a.m.
Mr Speaker, I beg to move, subclause (1), line 2, after “functions” insert “of the liquidator”, and further delete “appeal” and insert “apply.”
Mr Speaker, so, the new rendition would read 11:31 a.m.
“A person aggrieved by an act done by the liquidator in the performance of the functions of the liquidator under this act, may apply to the Court which shall make an appropriate order.”
Question put and amendment agreed to.
Mr Anyimadu-Antwi 11:31 a.m.
Mr Speaker, I beg to move, subclause (2), line 2, delete “made”.
Mr Speaker, the new rendition would be 11:31 a.m.
“Where a person refuses or fails to comply with a requirement by the liquidator under this act, the liquidator may apply to the Court.”
Question put and amendment agreed to.
Clause 99 as amended ordered to stand part of the Bill.
Mr Speaker 11:31 a.m.
Hon Members, we would move on to clause 100.
Clause 100 -- Liquidation Fund.
Mr Anyimadu-Antwi 11:31 a.m.
Mr Speaker, I beg to move, delete and insert the following:
“(1) There is established by this Act the Liquidation Fund.
(2) The moneys received by the liquidator referred to under sections 101 to 111 and sections 120 to 127 shall be paid into the Liquidation Fund and the moneys disbursed by the liquidator referred to under those sections shall be paid out from the Liquidation Fund.”
Mr Anyimadu-Antwi 11:31 a.m.


(3) There shall be a Fees Account within the Liqui- dation Fund.

(4) The moneys received by the liquidator by way of fees and any other charges shall be credited to the Fees Account.

(5) The payments required or authorized to be disbursed from the Liquidation Fund are charged on that Fund.”
Mr Speaker 11:31 a.m.
Hon Members, this is simply a replacement which makes it tidier.
Question put and amendment agreed to.
Clause 100 as amended ordered to stand part of the Bill.
Clause 101 -- Collection of debts.
Mr Anyimadu-Antwi 11:31 a.m.
Mr Speaker, I beg to move, paragraph (b), line 2, delete “92” and insert
“109”.
Question put and amendment agreed to.
Clause 101 as amended ordered to stand part of the Bill.
Clause 102 - Vesting property in liquidator.
Mr Anyimadu-Antwi 11:31 a.m.
Mr Speaker, I beg to move, subclause (1), line 1, delete “may” and insert “shall”.
Mr Speaker, the new rendition would be 11:31 a.m.
“On the commencement of the winding-up, the liquidator shall by notice in the Companies Bulletin direct that the whole property or a part…”.
Question put and amendment agreed to.
Clause 102 as amended ordered to stand part of the Bill.
Clause 103 is ordered to stand part of the Bill.
Clause 104 -- Verifying debts ranking for dividends.
Mr Anyimadu-Antwi 11:31 a.m.
Mr Speaker, I beg to move, subclause (1), line 5, at end, add “of debt”.
Mr Speaker, that is the only word that we are adding to clause 104, subclause (1).
Question put and amendment agreed to.
Mr Anyimadu-Antwi 11:31 a.m.
Mr Speaker, I beg to move, subclause (3), line 1, delete “81 to 143” and insert “105 to 111” and in line 2, delete “it” and insert “the debt.”
Mr Speaker 11:31 a.m.
Thank you very much. This is just for clarification.
Question put and amendment agreed to.
Clause 104 as amended ordered to stand part of the Bill.
Clause 105 ordered to stand part of the Bill.
Clause 106 -- Amending admitted proofs
Mr Anyimadu-Antwi 11:31 a.m.
Mr Speaker, I beg to move, headnote, delete and insert “Amendment of admitted proof of debt.”
Question put and amendment agreed to.
Mr Anyimadu-Antwi 11:31 a.m.
Mr Speaker, I beg to move, subclause (1), line 2, after “proof” insert “of debt” and repeat same wherever “proof” appears in the clause, unless the context otherwise determines.
Question put and amendment agreed to.
Mr Anyimadu-Antwi 11:31 a.m.
Mr Speaker, I beg to move, subclause (5), opening phrase, line 2, delete “accordingly” and insert “of debt accordingly, if” and further delete “if” at the beginning of paragraphs (a) to (c).
Mr Speaker, the new rendition would be 11:31 a.m.
“Where notice of a proposed amendment is given under sub-section (4), the liquidator shall amend” --
Mr Speaker, it does not make sense to me here.
Mr Speaker 11:31 a.m.
That was why I asked the Hon Chairman to give us the full rendition because I was not getting it.
Mr Anyimadu-Antwi 11:31 a.m.
Mr Speaker, I would go on with the further amendments and come back to this.
Mr Speaker, I would therefore move the next amendment, which is the item numbered (xxxiii).
11. 41 p.m.
Mr Speaker, I beg to move, clause 106, subclause (1), paragraph (b), delete and insert the following:
Mr Speaker 11:31 a.m.
Very well, thank you very much.
We now move to clause 107 -- Yes, Hon Majority Leader?
Mr Kyei-Mensah-Bonsu 11:31 a.m.
Mr Speaker, respectfully, we have dealt with clause 104, but I would like us to go back to clause 104, subclause (2), which provides:
“The liquidator may give a notice to a creditor holding a security if the security is not realised within the periods specified in the notice, which shall not be less than six months. The security shall be treated as surrendered”.
Mr Speaker, so I think it rather should not be more than six months because if it is not less than six months in the context, then it means that it is open-ended and that the period could be interminable.
And I thought that the meaning here should be that within six months; not later than six months, then we should give the notice. And if that is the case, then, it rather should be:
“…which shall not be more than six months”.
Alhaji I.A.B. Fuseini 11:31 a.m.
Mr Speaker, actually, the Hon Majority Leader appears to have a point, but that point is over-reached by the notice. The provision says that the liquidator shall give a creditor holding a security notice that if the security is not realised within the period specified in the notice -- [Interruption]-- it would not be in perpetuity -- There would be a period specified in the notice, but that period must not be less than six months. --[Interruption] - - Mr Speaker, this sets the lower limit; the lower limit is that the notice must not be less than six months.
Mr J. Osei-Owusu 11:31 a.m.
Mr Speaker, now, even though I am reading “not less” I am thinking “not more” -- [Laughter] -- Actually, when I read
it, the impression I get is that the liquidator is giving the security holder notice that he must come and realise his security. And that notice should state the period within which he must do it; that period should not be more than six months.
But the way it is put here; “not less than six months”, it means that it could be from six months up to forever. And I think that is wrong; I think it should be changed to read, “not exceeding six months”.
Mr Kyei-Mensah-Bonsu 11:31 a.m.
Mr Speaker, I am beginning to see a threat from the Minority Chief Whip and I believe that the threat would not be executed.
Mr Speaker, in clause 104(2), the words in line 3, “which shall not be less than six months” rather should read:
“…which shall not be more than six months” or which shall not exceed six months”.
Mr Speaker 11:31 a.m.
Hon Majority Leader, which clause are you talking about?
Mr Kyei-Mensah-Bonsu 11:31 a.m.
Mr Speaker, clause 104, subclasue (2), line 3, we delete “less” and insert “more” so that it would read:
“The liquidator may give notice to a creditor holding a security that if the security is not realised within the period specified in the notice, which shall not be more than six months, the security shall be treated as surrendered”.
Mr Ahiafor 11:31 a.m.
Mr Speaker, as it is, my understanding is that, the period of realisation of the security should not be less than six months. So the period given in the notice can only be six months or more. That is my understanding, if we say not more than six months, it then means that it must be within six months but we are talking about realisation of a security.
Mr Speaker, so the draftpersons are of the view that the notice period should not be less than six months; it can only be six months or more. That is my understanding.
Mr J. Osei-Owusu 11:31 a.m.
Mr Speaker, it is not about the period to realise it; it is the period to submit one's claim. The creditor knows he holds a security, he has not submitted his claims and the liquidator is giving the creditor notice that from now till six months, if he does not submit his claim, he would lose. If you the creditor is going to lose it, it cannot be in perpetuity because it would be deemed to have been surrendered.

So if the creditor is going to lose it, then, the period must be limited; it should have between the date the creditor is given the notice and the six months to do that or it would be deemed to have been surrendered.

I think the “…more than.” is the appropriate rendition.
Alhaji I.A.B. Fuseini 11:31 a.m.
Mr Speaker, I think it is correct because this new Bill is intended to expedite action on matters of liquidation and insolvency. And if we give indeterminate time to a person, we might frustrate the whole process. So I think we should go with the Hon Majority Leader's suggestion.
Mr Speaker 11:31 a.m.
Hon Majority Leader, do you want to pursue this later?
Mr Kyei-Mensah-Bonsu 11:31 a.m.
Mr Speaker, I believe the entire House is with me in this, that we delete the word “less” in line 3 and substitute “more” so that it would read:
“The liquidator may give a notice to a creditor holding a security. If the security is not realised within the periods specified in the notice, which shall not be more than six months, the security shall be treated as surrendered”.
Mr Speaker 11:31 a.m.
Hon Chairman, shall I put the Question on that?
Mr Anyimadu-Antwi 11:31 a.m.
Mr Speaker, the Majority Leader has made it clearer and I am in favour of that.
Question put and amendment agreed to.
Clause 104 as further amended, ordered to stand part of the Bill.
Mr Speaker 11:31 a.m.
Hon Chairman of the Committee?
Mr Anyimadu-Antwi 11:31 a.m.
Mr Speaker, I move on to clause 107 now.
Mr Speaker 11:31 a.m.
Clause 107?
Clause 107 -- Ascertainment of priority of debt
Mr Anyimadu-Antwi 11:51 a.m.
Mr Speaker, I beg to move, clause 107 Headnote, delete “Ascertainment of” and insert “Classification and”. So the new rendition would read:

“Classification and priority of debt''.

Question put and amendment agreed to.
Mr Anyimadu-Antwi 11:51 a.m.
Mr Speaker, I beg to move, clause 107, subclause 3, paragraph (b), sub- paragraph (ii), line 3, delete “debts” and insert “debt”.
Question put and amendment agreed to
Clause 107 as amended ordered to stand part of the Bill.
Clause 108 -- Statement of affairs
Alhaji Muntaka 11:51 a.m.
Mr Speaker, I have been on my feet and I have realised that -- [Interruption] we should be careful with the way we do things in this House. That is why we have rules in this House. You called for Order 48 and it has been an hour now. You are condoning an illegality. That is why there must be rules and order. With what you are doing, you are involving yourself in an illegality. We do not have the numbers to take a decision but you still carry on.
Mr Speaker 11:51 a.m.
Hon Chairman, clause 108?
Alhaji Muntaka 11:51 a.m.
What then is the use of the Constitution and the Standing Orders? That is not fair. You are abusing the privileges of this House by making this House lawless. What you are doing is wrong. What kind of behaviour is this? We all talk about
Mr Anyimadu-Antwi 11:51 a.m.
Mr Speaker, I beg to move, clause 108, subclause 2, line1, delete “accom- panied'' and insert “supported''.
The new rendition would be:
“The statement shall be supported with an affidavit to verify the statement and shall indicate''.
Alhaji Muntaka 11:51 a.m.
We have our own rules and the Constitution but we do as we please. We think that it is right. That is an illegality and should not be championed by the Rt Hon Speaker. That is terrible. What kind of thing is that? There are rules but you do not want to follow them, you just want to do as you please. What is that? We are in a country with laws and as law makers, we should be seen as the first people to adhere to the rules and not to just do as we please.
Mr Speaker 11:51 a.m.
Hon Chairman, you have the Floor.
Mr Anyimadu-Antwi 11:51 a.m.
Mr Speaker, I beg to move, clause 108,

subclause 2, line1, delete “accom- panied'' and insert “supported''.

The new rendition would be:

“The statement shall be supported with an affidavit to verify the statement and shall indicate''.

Question put and amendment agreed to.
Mr Anyimadu-Antwi 11:51 a.m.
Mr Speaker, I beg to move, clause 108, subclause 2, paragraph (c), line 3, before “company'', insert “the''.
The new rendition would read:
“the names, residential and postal addresses and the occupations of the creditors of the company held by the creditors of the company''.
Question put and amendment agreed to.
Mr Anyimadu-Antwi 11:51 a.m.
Mr Speaker, I beg to move, clause 108, subclause 5, lines 3 and 4, delete “more than two hundred penalty units for each day during which the default continues'' and insert the following:
“less than five thousand penalty units and not more than ten thousand penalty units''.
Question put and amendment agreed to.
Mr Anyimadu-Antwi 11:51 a.m.
Mr Speaker, I beg to move, clause 108, subclause 7, lines 3 and 4, delete “contempt of court'' and insert “perjury''.
Question put and amendment agreed to.
Clause 108 as amended ordered to stand part of the Bill.
Clause 109 -- Settlement of list of contributories
rose
Mr Speaker 11:51 a.m.
Yes, Hon Majority Leader?
Mr Kyei-Mensah-Bonsu 11:51 a.m.
Mr Speaker, the Hon Minority Chief Whip stood up and made some remarks which I find very unfortunate. You are responsible for the maintenance of order in the House and the order in the House includes, an Hon Member, rising up to be recognised by you, before the person could make any submission. An Hon
Member does not just get up and start rumbling and rattling. That is unacceptable.
For the maintenance of law and order in that enterprise, leadership is supposed to assist you. So if we have a leader, who is aggrieved by whatever and the person wants to make a submission, that person must also respect the rules of the House, particularly, if it relates to the conduct of the Rt Hon Speaker.
Our rules are also clear, if it has to do with the conduct of an Hon Member, or the Rt Hon Speaker or the Chief Justice or any Judge. The rules are clear that the person should come by a substantive motion as provided for under Standing Order 93(5), but to get up and fly into tantrums is also unacceptable. We should be regulated by our own rules of procedures.
Mr Speaker 11:51 a.m.
Shall we continue?
Item numbered (xl), on the Order Paper?
Mr Anyimadu-Antwi 11:51 a.m.
Mr Speaker, I beg to move, clause 109, subclause 4, line 3, delete “times'' and insert “time''.
Mr Anyimadu-Antwi 11:51 a.m.
Mr Speaker, I beg to move, clause 109, subclause 9, line1, delete “in the course of''.
The new rendition would read:
“Where a company is being wound up, the books and papers of the company and of the liquidator are prima facie evidence…''
Question put and amendment agreed to.
Clause 109 as amended ordered to stand part of the Bill.
Clause 110 -- Rectification of register of members.
Mr Anyimadu-Antwi 12:01 p.m.
Mr Speaker, I beg to move, clause 110, line 1, delete “148''and insert
“149''.

The new rendition would be:

“Subject to sections 80 to

149,…”.
Mr Anyimadu-Antwi 12:01 p.m.
Mr Speaker, I beg to move, clause 111, subclause (1), line 2, delete “to be known” and insert “referred to”.
So the new rendition would be:
“(1) During the existence of a winding-up order, a creditor of a company may lodge with the liquidator a statement referred to as a proof of debt, in accordance with this section.”
Question put and amendment agreed to.
Mr Anyimadu-Antwi 12:01 p.m.
Mr Speaker, I beg to move, clause 111, subclause (3), paragraph (a), line 1, delete “alleged” and insert “claimed”.
Question put and amendment agreed to.
Mr Anyimadu-Antwi 12:01 p.m.
Mr Speaker, I beg to move, clause 111, subclause (5), paragraph (b), line 3, at end, add “of debt”.
It would read:
“…lodges a proof of debt.”
Question put and amendment agreed to.
Mr Anyimadu-Antwi 12:01 p.m.
Mr Speaker, I beg to move, clause 111, subclause (8), line 1, delete “a” and insert “the”.
The new rendition would be:
“Where the liquidator is satisfied with the proof of debt ...”.
Question put and amendment agreed to.
Mr Kyei-Mensah-Bonsu 12:01 p.m.
Mr Speaker, just a minor amendment in clause 111, subclause (4), line 2, delete “arose” and insert “arise”.
This would read:
“(4) The second part of the proof of debt shall contain details of the transactions from which the debt and obligations arise.”
Question put and amendment agreed to.
Clause 111 as amended ordered to stand part of the Bill.
Clause 112 -- First meeting of creditors after appointment of liquidators.
Mr Patrick Y. Boamah 12:01 p.m.
Mr Speaker, with your kind permission, the Hon Chairman of the Committee just stepped out, so I will step in for him briefly. [Interruption]
Mr Speaker, I beg to move, clause 112, subclause (1), paragraph (a), line 1, delete “not later than” and insert “within”.
Question put and amendment agreed to.
Mr Boamah 12:01 p.m.
Mr Speaker, I beg to move, clause 112, subclause (1), paragraph (c), line 2, at end, add “and in the Companies Bulletin”.
Question put and amendment agreed to.
Mr Boamah 12:01 p.m.
Mr Speaker, I beg to move, clause 112, subclause (4), line 2, delete “seventy-five” and insert “fifty-one”.
Question put and amendment agreed to.
Mr Boamah 12:01 p.m.
Mr Speaker, I beg to move, clause 112, subclause (6), line 1, after “unless”, insert “there is a quorum of” and in line 2, delete “all” and further in line 3, delete “representatives holding”.
Question put and amendment agreed to.
Mr Anyimadu-Antwi 12:01 p.m.
Mr Speaker, I beg to move, clause 112, subclause (9), line 2, before “determination”, delete “the”.
Question put and amendment agreed to.
Mr Anyimadu-Antwi 12:01 p.m.
Mr Speaker, I beg to move, clause 112, subclause (11), line 3, delete “a representative holding”.
The new rendition would be:
“The liquidator shall preside over the meeting of creditors and at the meeting each creditor with an admitted proof is entitled to be heard in person or by a proxy.”
Question put and amendment agreed to.
Mr Anyimadu-Antwi 12:01 p.m.
Mr Speaker, I beg to move, clause 112, subclause (12), line 1, delete
Mr Anyimadu-Antwi 12:11 p.m.
“questions” and insert “decisions”, and in line 2, delete “decided”, and further in line 4, delete “owing” and insert “owed”, and repeat same wherever “owing” appears in the subclause.

Question put and amendment agreed to.
Mr Anyimadu-Antwi 12:11 p.m.
Mr Speaker, clause 112(14), line 2, delete “further to” and insert ‘upon'.
So the new rendition will be:
“For the purposes of this section, “admitted proof” means a proof of debt which has been found satisfactory upon an examination by the liquidator”.
Question put and amendment agreed to.
Mr Kyei-Mensah-Bonsu 12:11 p.m.
Clause 112(12), reads: “Subject to sections 80 to 148, …”
However, when we go to clause 110, I think that section 148 was amended to section 149 and so I thought clause 112(12) would also have the same thing.
Mr Anyimadu-Antwi 12:11 p.m.
Mr Speaker, that is consequential.
Question put and amendment agreed to.
Mr Kyei-Mensahb-Bonsu 12:11 p.m.
Mr Speaker, as regards the Hon Chairman of the Committee, clause 112(1), begins as such:
“The liquidator shall
(a) call a first meeting of creditors for a date within six weeks after the appointment of the liquidator”.
Mr Speaker, when we come to clause 112(5), it says 12:11 p.m.
“The meeting shall be closed not later than eight weeks after the appointment of the liquidator”.
Mr Speaker, I think what it means is that whatever the consideration before the meeting, eight weeks after the appointment of the liquidator, that business must be closed. If that is the understanding then we may have to subject clause 112(5) to clause 112(1)(a) otherwise, the meaning may become a bit convoluted.
Mr Anyimadu-Antwi 12:11 p.m.
Mr Speaker, I think throughout, “the
meeting” has been used. I am not minded to change --
Mr J. Osei-Owusu 12:11 p.m.
Mr Speaker, reading the two subclauses, I get the impression that the liquidator has a minimum of two weeks to conclude the meeting. He must call the meeting not later than six weeks from the time he is appointed but within a maximum period of eight weeks he must finish and that gives him a minimum of two weeks.
He may call a meeting during the first week and that will allow him seven weeks. If he calls a meeting in the second week, it allows him six weeks but latest by six weeks, he must have called the meeting and by the longest period of eight weeks, he must have finished.
Mr Speaker, if we consider the minimum period of two weeks sufficient, then it is all right. I think that it allows the liquidator sufficient time to call for and conclude the meeting. Looking at the exigencies, if he thinks that two weeks will be sufficient then he will wait till the sixth week to call the meeting. Otherwise, if he thinks that the four weeks will be sufficient, he will call the meeting within the first two weeks so that he will be allowed six weeks. I think this depends on the exigencies of every company and that should be sufficient.
Mr Kyei-Mensah-Bonsu 12:11 p.m.
Mr Speaker, I drew attention to it because clause 112(5) is really not a standalone provision, it is subjected to clause
112(1).
As the Hon First Deputy Speaker said, if the meeting is called within one week after the appointment of the liquidator, it means that whatever business that is going to be transacted, he has seven weeks to do so, and if he does so in the second week, he has six weeks, and if he does so in the sixth week, he has just two weeks. That was why I was saying that we should put the two together so that the meaning becomes clearer.
Mr Speaker, perhaps we could say, without prejudice to sublause (1) that either it follows immediately after subclause (1) so that the meaning is clearer, or we subject it to clause 112(1). It should be: “subject to that the meeting shall be closed not later than eight weeks after the appointment of the liquidator”.
Mr Anyimadu-Antwi 12:11 p.m.
Mr Speaker, I think the latter rendition is better as subject to 112(1)(a): “the meeting shall be closed not later than eight weeks after the appointment of a liquidator”.
Question put and amendment agreed to.
Mr Anyimadu-Antwi 12:11 p.m.


Clause 112 as amended ordered to stand part of the Bill.

Clause 113 -- Consulting creditors and members
Mr Anyimadu-Antwi 12:11 p.m.
Mr Speaker, I beg to move, subclause (1), opening phrase, delete “148” and insert “149”.
Mr Speaker, we have done that already and this is consequential.
Question put and amendment agreed to.
Mr Anyimadu-Antwi 12:11 p.m.
Mr Speaker, I beg to move, subclause (1), paragraph (c), line 1, delete “so far as reasonably practicable”.
Mr Speaker, the new rendition will be 12:11 p.m.
“Subject to sections 80 to 149, the liquidator shall;
(c) give effect to the views expressed by the creditors in relation to the realisation and distribution of assets”.
Question put and amendment agreed to.
Mr Kyei-Mensah-Bonsu 12:11 p.m.
Mr Speaker, clause 113(2), line 1, let us begin with “liquidator” as a subject so that it will read:
“The liquidator may, in accordance with subsection (1) call a meeting of the creditors at any time”.
Mr Anyimadu-Antwi 12:11 p.m.
Mr Speaker, I agree with the proposed amendment.
Question put and amendment agreed to.
Mr Speaker 12:21 p.m.
Any further amendment?
Mr Kyei-Mensah-Bonsu 12:21 p.m.
Mr Speaker, I think that the same principle would affect subsection (4) which reads: “Subject to this section, in the event of an official winding-up that continues for more than one year, the liquidator shall …”.
So it should now read ‘The liquidator, subject to this section, in the event of an official winding-up that continues for more than one year …'
Mr Anyimadu Antwi 12:21 p.m.
Mr Speaker, I agree to this.
Mr Speaker 12:21 p.m.
Very well.
Question put and amendment agreed to.
Clause 113 as amended ordered to stand part of the Bill.
Clause 114 ordered to stand part of the Bill.
Clause 115 -- Private examination by the Court.
Mr Speaker 12:21 p.m.
Item numbered (lvii).
Mr Anyimadu Antwi 12:21 p.m.
Mr Speaker, I beg to move, clause 115 Headnote, delete “Private”.
Mr Speaker, so it would just read ‘Examination by the court'.
Question put and amendment agreed to.
Mr Speaker 12:21 p.m.
Item numbered (lviii).
Mr Anyimadu Antwi 12:21 p.m.
Mr Speaker, I beg to move, clause 115 subclause (2), line 1, delete “it” and insert “Court” and in line 3, delete “and require the person to sign them”.
The new rendition would read:
‘The Court may examine a person summoned before the court on oath by word of mouth or unwritten interrogatories and may reduce the answers to writing.'
Question put and amendment agreed to.
Mr Speaker 12:21 p.m.
Item numbered (lix).
Mr Anyimadu Antwi 12:21 p.m.
Mr Speaker, I beg to move, clause 115 subclause (5), line 3, delete “not having a lawful impediment” and insert “without reasonable excuse”.
Mr Patrick Boamah 12:21 p.m.
Mr Speaker, the Hon Chairman smuggled a word when he moved his amendment on clause 115(2). Mr Speaker, the Hon Chairman read the new rendition to be:
“The Court may examine a person summoned before the court on oath by word of mouth or unwritten interrogatories and may reduce the answers to writing.”
I agree with the Hon Chairman, but before “Court” he introduced the
Mr Anyimadu-Antwi 12:21 p.m.
Mr Speaker, I seek your leave to further amend that before “Court”, insert “the” so that it would be: ‘The court may examine a person summoned before the court on oath by word of mouth or unwritten interrogatories and may reduce the answers to writing.'
Mr Anyimadu-Antwi 12:21 p.m.
Mr Speaker, also, I am not comfortable with subclause (3) which reads: “The Court may require a person summoned before it to produce the books and papers …”.
Mr Speaker, I seek your leave to insert “records” instead of “papers” so that it would read: “The Court may require a person summoned before it to produce the books and records in the custody of or power of that person relating to the Company”.
Mr Kyei-Mensah-Bonsu 12:21 p.m.
Mr Speaker, the language of the Constitution is really “books, records, returns and other documents”. However, early on, they proposed a rendition which is a bit different from the language in the Constitution, so perhaps we would ask them to formulate subclause (3) to be consistent with the earlier one.
There is a template for that in earlier provisions. So for consistency sake, they should go back and do what is needful.
Mr Speaker 12:21 p.m.
I direct that the draftspersons should take note of this accordingly.
Mr Anyimadu-Antwi 12:21 p.m.
Mr Speaker, I beg to further propose that in subclause (3), line 1, delete “it” after “before” and insert “the Court”.
It would now read: “The Court may require a person summoned before the Court to produce the books and records …”
Mr Speaker 12:21 p.m.
Very well.
Question put and amendment agreed to.
Mr Kyei-Mensah-Bonsu 12:21 p.m.
Mr Speaker, I was drawing the attention of the Hon Chairman to line 4 of
subclause (5) where the pronoun “its” has been used. So the Hon Chairman can move for its amendment or we can leave that to the draftspersons.
Mr Anyimadu-Antwi 12:21 p.m.
Mr Speaker, I beg to move, that subclasue (5), line 4, delete “its” before “sitting” and insert “the”. It would now read: …'at the time of the sitting of the Court and allowed by the Court …'.
Mr First Deputy Speaker 12:31 p.m.
Very well.

Question put and amendment agreed to.

Clause 115 as amended ordered to stand part of the Bill.

Clauses 116 and 117 ordered to stand part of the Bill.
Mr Kyei-Mensah-Bonsu 12:31 p.m.
Mr Speaker, just to follow the principle that the Hon Chairman has adopted in clause 117 (3), line (1), I think the necessary modification shall have to be made.
Mr Speaker 12:31 p.m.
So what do we do in clause 117? Hon Chairman, an amendment or no amendment?
Mr Anyimadu-Antwi 12:31 p.m.
Mr Speaker, the amendment was to replace the pronoun. May I pray that Mr Speaker directs that the pronoun may be replaced with the right subject, in this case, “the court”?
Mr Speaker 12:31 p.m.
Hon Chairman, I did not get you.
Mr J. Osei-Owusu 12:31 p.m.
Mr Speaker, the Hon Majority Leader suggested that where the pronoun “it” is, we should amend it to read “the court”, and the Hon Chairman has proposed that you direct the draftspersons to effect those changes, so that the order that you have already given -
Mr Speaker 12:31 p.m.
Hon Members, at this juncture, I would direct the draftsperson that wherever “it” appears, we would replace it with “the court” and that applies to clause 117.
Clause 118 ordered to stand part of the Bill.
Mr Speaker 12:31 p.m.
Hon Members, for the avoidance of doubt, I will put the Question on clause 113.
Mr Kyei-Mensah-Bonsu 12:31 p.m.
Mr Speaker, it is clause 118.
Mr Speaker 12:31 p.m.
No, my attention has been drawn to the fact that the Question ON the whole of clause 113
Mr Anyimadu-Antwi 12:31 p.m.
Mr Speaker, I beg to move, clause 119, paragraph (a), line 1, delete “had” and insert “has”.
Mr Speaker, the new rendition would read 12:31 p.m.
“…has reasonable grounds to believe that the company is insolvent or would become insolvent.”
Question put and amendment agreed to.
Mr Kyei-Mensah-Bonsu 12:31 p.m.
Mr Speaker, clause 119, I do not know why the Hon Chairman is doing that -- [Interruption] --
“A director who causes a company to engage in any form
of business or trade or incur a debt or liability where the director --
(a)has reasonable grounds to believe that the company is insolvent…”.
In that case, the “would” may have to be deleted, so that it is “shall”. We cannot talk in past tense, present tense and future tense. If he insists that we delete “had” to “has” then “would” would also have to be deleted and replaced with “shall”.
Mr Anyimadu-Antwi 12:31 p.m.
Mr Speaker, the new style is to draft in present tense. So I would rather seek the latter amendment and further amend paragraph (a) line 2, the word “would” to “will”. Mr Speaker, the new rendition would be:
“…has reasonable grounds to believe that that company is insolvent or will become insolvent”.
Question put and amendment agreed to.
Clause 119 as amended ordered to stand part of the Bill.
Mr Anyimadu-Antwi 12:31 p.m.
Mr Speaker, the Hon Majority Leader has drawn my attention that there should be disjunctive word “or” after “insolvent”.
Mr Speaker 12:31 p.m.
Hon Member, is that clause 120?
Mr Anyimadu-Antwi 12:31 p.m.
Mr Speaker, clause 119 (a):
“(a) has reasonable grounds to believe that the company is insolvent or will become insolvent” or
(b) ought to have known at the time of causing the company to engage in the business.”
Question put and amendment agreed to.
Clause 119 as amended ordered to stand part of the Bill.
Clause 120 ordered to stand apart of the Bill.
Clause 121 -- Repayment by preferred creditors.
Mr Anyimadu-Antwi 12:31 p.m.
Mr Speaker, I beg to move, clause 121, opening phrase, line 3, delete “six” and insert “twelve”.
So we shall have:
“…during the twelve months ending with the commencement of the winding up”.
Question put and amendment agreed to.
Clause 121 as amended ordered to stand part of the Bill.
Clause 122 - Restoration of property
Mr Anyimadu-Antwi 12:41 p.m.
Mr Speaker, I beg to move, clause 122, subclause (3), paragraph (a), line 3, and line 1, delete “its banker in so far as it” and insert “the banker of the company in so far as the payment” and in line 2, delete “disbursed” and insert “made”.

Mr Speaker, I beg to move, subclause (3), paragraph (a), line 1, delete “its banker insofar as it” and insert “the banker of the company insofar as the payment” and in line 2, delete “disbursed” and insert “made.”
Mr Speaker 12:41 p.m.
Are there no listed amendments?
Mr Kyei-Mensah-Bonsu 12:41 p.m.
Mr Speaker, the Committee could not proceed beyond clause 122. So if I may, I would want to indulge you, so that we adjourn proceedings on the Consideration and then go into those ones, so that hopefully by tomorrow, we would be able to finish up.
Mr Speaker 12:41 p.m.
Definitely, we should be done by tomorrow. Would you therefore move for adjournment?
Mr Kyei-Mensah-Bonsu 12:41 p.m.
Mr Speaker, I would therefore want to propose that we take an adjournment now, to enable the Winnowing Committee to go and consider the others, so that we would come to
continue tomorrow. Hopefully, I guess we would be able to finish up.
Mr Speaker 12:41 p.m.
Would you give any indication as to time? Would it be the same time?
Mr Kyei-Mensah-Bonsu 12:41 p.m.
No, Mr Speaker, we would Sit at 10.00 a. m.
Mr Speaker 12:41 p.m.
Very well. I would want the Hon First Deputy
Speaker to know that as earlier indicated, the relevant Leaders would have a little interaction with the media on matters arising.
Mr Kyei-Mensah-Bonsu 12:41 p.m.
Mr Speaker, before we get there, perhaps, we need to exit from the Consideration Stage.
Mr Speaker 12:41 p.m.
Thank you very much.
Hon Members, the Consideration Stage is over. [Pause] --
Mr Kyei-Mensah-Bonsu 12:41 p.m.
Mr Speaker, I beg to move, that this House takes an adjournment until tomorrow, Tuesday, the 24th of March, 2020 at 10.00 a.m.
Mr Speaker 12:41 p.m.
Thank you very much. Hon Members, who seconds the Motion?
Mr Anim 12:41 p.m.
Mr Speaker, I beg to second the Motion.
Question put and Motion agreed to.
ADJOURNMENT 12:41 p.m.
  • The House was accordingly adjourned at 12.45 p.m. till Tuesday, 24th March, 2020, at 10.00 a.m.