Art. 743
2. Other duties 1 The liquidators must wind up the current business, call in any still outstanding share capital, realise the company’s assets and perform its obligations, providing the balance sheet and the call to creditors do not indicate overindebtedness. 2 Where they ascertain that the company is overindebted, they must immediately notify the court; the latter then declares the commencement of insolvency proceedings. 3 The liquidators must represent the company in all transactions carried out for liquidation purposes and are entitled to conduct legal actions, reach settlements, conclude arbitration agreements and even, where required for liquidation purposes, to effect new transactions. 4 They may also dispose of assets by private sale, unless the general meeting has instructed otherwise. 5 Where the liquidation lasts for an extended period, they must draw up interim accounts every year. 6 The company is liable for any damage resulting from unauthorised acts by a liquidator in the exercise of his duties. |