Examination of company officers: Tribunal can compel oath-bound questioning after a liquidator reports suspected fraud. Where a company liquidator reports suspected fraud following a winding up order, the Tribunal may direct promoters, directors or officers to attend and be examined on oath regarding promotion, formation, business conduct or their dealings as officers. The liquidator participates and may employ sanctioned legal assistance; the examinee must be supplied with the report and may, at their cost, employ accountants or legal practitioners to put questions. Examination notes are recorded, signed, supplied, admissible in evidence and open to creditor inspection; the Tribunal may adjourn or delegate the examination and may award costs if it allows an application for exculpation.
Cases where this provision is explicitly mentioned in the judgment/order text; may not be exhaustive. To view the complete list of cases mentioning this section, Click here.
Provisions expressly mentioned in the judgment/order text.
Examination of company officers: Tribunal can compel oath-bound questioning after a liquidator reports suspected fraud.
Where a company liquidator reports suspected fraud following a winding up order, the Tribunal may direct promoters, directors or officers to attend and be examined on oath regarding promotion, formation, business conduct or their dealings as officers. The liquidator participates and may employ sanctioned legal assistance; the examinee must be supplied with the report and may, at their cost, employ accountants or legal practitioners to put questions. Examination notes are recorded, signed, supplied, admissible in evidence and open to creditor inspection; the Tribunal may adjourn or delegate the examination and may award costs if it allows an application for exculpation.
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