Companies Act (Cap. 386)

Companies Act (Cap. 386), article 260

Official PDF on legislation.mt

260. (1) Where a winding up order has been made by the court, and the official receiver has made a report under this A ct stating that in his opinion a fraud has been committed by any person in the promotion or formation of the company or by an officer of the company in rela tion to the company since its formation, the court may direct that person or officer to atten d before the court on a day appointed by the court for that purpo se and be examined as to the promotion or formation or the conduct of the business of the company or a s to his conduct and dealings a s officer thereof. (2) The Official Receiver shall take part in the examination, and for that purpose may b e assisted by an advocate. COMP ANIES [CAP. 386. 169 (3) The liquidator, where the official receiver is not the liquidator, and any creditor or contributory may also take part in the examination either personall y or represented by an advocate . (4) The court may put such questions to the person referred to in sub-article (1) as t he court thinks fit. (5) The person shall be examined on oath and shall answer all such questions as the court may put or allow to be put to him. (6) A person ordered to be examined under this article shall, before his examination, be furnished with a copy of the officia l receiver’s report and may, at hi s own cost be assisted by an advocate, who shall be at liberty to put to him such questions as the court may deem fit for enabling him to explain or qualify any answers given by him: Provided that, if any such person applies to the court to be discharged from any charges made or suggested against him, it shall be the duty of the official receiver to appear on the hea ring of the application and call the attention of the court to any matt ers which appear to the official receiver to be relevant, and if th e court, after hearing any evidence given or witnesses called by the off icial receiver, grants the application, the court may allow the appli cant such costs as in its dis cretion it may think fit. (7) Notes of the examination shall be taken down in writing, and shall be read over to or by, and signed by, the person exam ined, and may thereafter be used in evidence against him, and shall b e open to the inspection of any creditor or contributory at all reasonable times. (8) The court may, if it thinks fit, adjourn the examination fro m time to time. (9) An examination under this article may, if the court so directs, be held before a magist rate, and the powers of the cou rt may, in any such case, be exerci sed by the magistrate before wh om the examination is held. Power to arrest absconding contributory.

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Text read from the consolidated PDF published by Legislation Malta. Tables, figures and marginal notes may be incomplete or out of place: the official PDF is authoritative. General information, not legal, tax or accounting advice.