Insolvency Act · s 228

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228.
Statement of affairs to be submitted to Official Receiver
(1) Where the Court has made a winding up order or has appointed a provisional liquidator, there shall, unless the Court thinks fit to order otherwise and so orders, be made out and submitted to the Official Receiver a statement as to the affairs of the company in the prescribed form.
(2) The statement as to the affairs of the company shall show —
(a) the particulars of the company’s assets, debts, and liabilities;

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(b) the names, addresses, and occupations of the company’s creditors;
(c) the securities held by them respectively;
(d) the dates when the securities were respectively given; and
(e) such further or other information as may be prescribed or as the Official Receiver may require.
(3) The statement shall be submitted by and be verified by, affidavit of —
(a) one or more of the persons who are at the relevant date the directors and the person who is at that date the secretary or other chief officer of the company; or
(b) such of the persons as are mentioned in subsection (4) as the
Official Receiver, subject to the direction of the Court, may require to submit and verify the statement.
(4) The persons referred to in subsection (3)(b) are —
(a) those who are or have at any time been directors or officers of the company;
(b) those who have taken part in the formation of the company at any time within one year before the relevant date;
(c) those who are in the employment of the company, or have been in the employment of the company within that year, and are in the opinion of the Official Receiver capable of giving the information which he requires;
(d) those who are or have been within that year officers of, or in the employment of, a company, which is, or within that year was, an officer of the company to which the statement relates.
(5) The statement shall be submitted within 28 days from the relevant date, or within such extended time as the Official Receiver or the
Court may for special reasons appoint.

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(6) Any person making or concurring in making the statement and affidavit required by this section shall be allowed, and shall be paid by the
Official Receiver or provisional liquidator, as the case may be, out of the assets of the company, such costs and expenses incurred in and about the preparation and making of the statement and affidavit as the Official
Receiver may consider reasonable, subject to an appeal to the Court.
(7) Any person who, without reasonable excuse, fails to comply with the requirements of this section is guilty of an offence and liable on conviction to a fine of $50 for every day or part thereof during which the offence continues.
(8) Any person stating himself in writing to be a creditor or contributory of the company is entitled by himself or by his agent at all reasonable times, on payment of the prescribed fee, to inspect the statement submitted in pursuance of this section, and to a copy thereof or extract therefrom.
(9) Any person untruthfully so stating himself to be a creditor or contributory is guilty of a contempt of court and shall, on application of the liquidator or of the Official Receiver, be punished accordingly.
(10) In this section, “relevant date” means —
(a) in a case where a provisional liquidator is appointed, means the date of his appointment; and
(b) in a case where no such appointment is made, the date of the winding up order.

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s 228Statement of affairs to be submitted to Official Receiver

(1)

Where the Court has made a winding up order or has appointed a provisional liquidator, there shall, unless the Court thinks fit to order otherwise and so orders, be made out and submitted to the Official Receiver a statement as to the affairs of the company in the prescribed form.

(2)

The statement as to the affairs of the company shall show —

(a)

the particulars of the company’s assets, debts, and liabilities;

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(b)

the names, addresses, and occupations of the company’s creditors;

(c)

the securities held by them respectively;

(d)

the dates when the securities were respectively given; and

(e)

such further or other information as may be prescribed or as the Official Receiver may require.

(3)

The statement shall be submitted by and be verified by, affidavit of —

(a)

one or more of the persons who are at the relevant date the directors and the person who is at that date the secretary or other chief officer of the company; or

(b)

such of the persons as are mentioned in subsection (4) as the

Official Receiver, subject to the direction of the Court, may require to submit and verify the statement.

(4)

The persons referred to in subsection (3)(b) are —

(a)

those who are or have at any time been directors or officers of the company;

(b)

those who have taken part in the formation of the company at any time within one year before the relevant date;

(c)

those who are in the employment of the company, or have been in the employment of the company within that year, and are in the opinion of the Official Receiver capable of giving the information which he requires;

(d)

those who are or have been within that year officers of, or in the employment of, a company, which is, or within that year was, an officer of the company to which the statement relates.

(5)

The statement shall be submitted within 28 days from the relevant date, or within such extended time as the Official Receiver or the

Court may for special reasons appoint.

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(6)

Any person making or concurring in making the statement and affidavit required by this section shall be allowed, and shall be paid by the

Official Receiver or provisional liquidator, as the case may be, out of the assets of the company, such costs and expenses incurred in and about the preparation and making of the statement and affidavit as the Official

Receiver may consider reasonable, subject to an appeal to the Court.

(7)

Any person who, without reasonable excuse, fails to comply with the requirements of this section is guilty of an offence and liable on conviction to a fine of $50 for every day or part thereof during which the offence continues.

(8)

Any person stating himself in writing to be a creditor or contributory of the company is entitled by himself or by his agent at all reasonable times, on payment of the prescribed fee, to inspect the statement submitted in pursuance of this section, and to a copy thereof or extract therefrom.

(9)

Any person untruthfully so stating himself to be a creditor or contributory is guilty of a contempt of court and shall, on application of the liquidator or of the Official Receiver, be punished accordingly.

(10)

In this section, “relevant date” means —

(a)

in a case where a provisional liquidator is appointed, means the date of his appointment; and

(b)

in a case where no such appointment is made, the date of the winding up order.