111. Application To Registrar For Authorisation To Seek Continuance Overseas

(1) An application to the Registrar under this section for authorisation to seek continuance in another jurisdiction shall be accompanied by–
(a) a copy (certified, in a manner approved by the Registrar, to be a true copy) of each resolution which is required under section 108 (approval by company and members of proposal for continuance overseas),
(b) a statement of solvency which is made in accordance with section 114 (statement of solvency in respect of continuance),
(c) such other documents and information as the Registrar may require in respect of a particular application for such authorisation, and
(d) any published application fees.
(2) The application under this section shall also be accompanied by evidence, satisfactory to the Registrar, of the following matters–
(a) that the laws of the jurisdiction in which the company proposes to continue allow its continuance there as a body corporate incorporated under those laws,
(b) that those laws provide that upon the continuance of the company as a body corporate in that jurisdiction–
(i) all property and rights of the company will become the property and rights of the body corporate,
(ii) the body corporate will become subject to all criminal and civil liabilities, and all contracts, debts and other obligations, to which the company is subject, and
(iii) all actions and other legal proceedings which are pending by or against the company may be continued by or against the body corporate,
(c) that notice has been given to the creditors of the company in accordance with section 109 (notice to creditors of application to Registrar for authorisation to seek continuance overseas) of the application to the Registrar under this section, and either–
(i) that no creditor has applied to the Court for an order restraining the application made to the Registrar under this section, or
(ii) that the application of every creditor who has so applied to the Court has been determined by the Court in a way which does not prevent the Registrar from granting the application made to it under this section,
(d) either–
(i) that no member of the company has applied to the Court for an order on the ground specified in section 110(1) (objections by members to continuance overseas), or
(ii) that the application of every member who has so applied to the Court has been determined by the Court in a way which does not prevent the Registrar from granting the application made to it under section 109(3) (notice to creditors of application to Registrar for authorisation to seek continuance overseas),
(e) that the company has complied with such other conditions as may be prescribed, and
(f) that the company is not prevented by section 101 (restrictions on continuance) from making the application.