Conduct of the examination: Liquidator normally conducts examinations, tribunal may entrust others and restrict participation. The rule makes the Liquidator the default examiner but allows the Tribunal to entrust the examination to a partner or creditors; the Liquidator may still attend, observe and ask questions with permission. Participation is generally limited to the Liquidator and his advocate, while the examined person may have advocate assistance and re-examination. The Tribunal may permit creditor or partner attendance with conditions. Witness or representative notes are allowed only under an undertaking for limited use and must be handed to the Tribunal for destruction at the conclusion unless otherwise directed.
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.
Conduct of the examination: Liquidator normally conducts examinations, tribunal may entrust others and restrict participation.
The rule makes the Liquidator the default examiner but allows the Tribunal to entrust the examination to a partner or creditors; the Liquidator may still attend, observe and ask questions with permission. Participation is generally limited to the Liquidator and his advocate, while the examined person may have advocate assistance and re-examination. The Tribunal may permit creditor or partner attendance with conditions. Witness or representative notes are allowed only under an undertaking for limited use and must be handed to the Tribunal for destruction at the conclusion unless otherwise directed.
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