Insolvency Act · s 43

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43.
Statement of affairs
(1) The statement as to the affairs of the company required by section 42 to be submitted to the judicial manager shall show as at the date of the judicial management order —
(a) the particulars of the company’s assets, debts and liabilities;
(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.
(2) The statement shall be submitted by, and be verified by, affidavit of —
(a) one or more of the persons who are, at the date of the judicial management order, the directors of the company and the person who is at that date the secretary or other chief officer of the company; or
(b) such of the persons mentioned in subsection (3) as the judicial manager may require to submit and verify the statement.

Insolvency
(3) The persons referred to in subsection (2)(b) are —
(a) those who are or have at any time been officers of the company;
(b) those who have taken part in the formation of the company at any time within one year before the date of the judicial management order;
(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 judicial manager capable of giving the information which he requires, and in this subsection, “employment” includes employment under a contract for services.
(4) A person who, without reasonable excuse, fails to comply with this section is guilty of an offence and liable on conviction to a fine not exceeding $10,000, and, in the case of a continuing offence, with a further fine not exceeding $500 for every day or part thereof during which the offence continues after conviction.
(5) The statement may be used in evidence against any person making or concurring in making it.
(6) A copy of the statement shall immediately be sent by the judicial manager to the Registrar.
(7) Any person making the statement and affidavit shall be allowed and shall be paid by the judicial manager, out of his receipts, such costs and expenses incurred in and about the preparation and making of the statement and affidavit as the judicial manager may consider reasonable, subject to an appeal to the Court.

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s 43Statement of affairs

(1)

The statement as to the affairs of the company required by section 42 to be submitted to the judicial manager shall show as at the date of the judicial management order —

(a)

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

(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.

(2)

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

(a)

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

(b)

such of the persons mentioned in subsection (3) as the judicial manager may require to submit and verify the statement.

Insolvency

(3)

The persons referred to in subsection (2)(b) are —

(a)

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

(b)

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

(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 judicial manager capable of giving the information which he requires, and in this subsection, “employment” includes employment under a contract for services.

(4)

A person who, without reasonable excuse, fails to comply with this section is guilty of an offence and liable on conviction to a fine not exceeding $10,000, and, in the case of a continuing offence, with a further fine not exceeding $500 for every day or part thereof during which the offence continues after conviction.

(5)

The statement may be used in evidence against any person making or concurring in making it.

(6)

A copy of the statement shall immediately be sent by the judicial manager to the Registrar.

(7)

Any person making the statement and affidavit shall be allowed and shall be paid by the judicial manager, out of his receipts, such costs and expenses incurred in and about the preparation and making of the statement and affidavit as the judicial manager may consider reasonable, subject to an appeal to the Court.