Insolvency Act · s 54

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54.
Inquiry into company’s dealings etc.
(1) The Court may, on the application of the judicial manager, summon to appear before it —
(a) any officer of the company;
(b) any person known or suspected to have in his possession any property of the company or is supposed to be indebted to the company; or
(c) any person whom the Court thinks is capable of giving information concerning the promotion, formation, business, dealings, affairs or property of the company, and the Court may require any such person to submit an affidavit to the Court containing an account of his dealings with the company or to produce any books, papers or records in his possession or under his control relating to the company or the matters mentioned in paragraph (c).
(2) Subsections (3) and (4) apply in a case where —
(a) a person, without reasonable excuse, fails to appear before the Court when he is summoned to do so under this section; or
(b) there are reasonable grounds for believing that a person has absconded, or is about to abscond, with a view to avoiding his appearance before the Court under this section.
(3) The Court may, for the purpose of bringing that person and anything in his possession before the Court, cause a warrant to be issued to a police officer for —
(a) the arrest of that person; and

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(b) the seizure of any books, papers, records, money or goods in that person’s possession.
(4) The Court may authorise the person arrested under the warrant to be kept in custody, and anything seized under such a warrant to be held, in accordance with the rules, until that person is brought before the Court under the warrant or until such other time as the Court may order.
(5) Any person who appears or is brought before the Court under this section may be examined on oath, either orally or by interrogatories, concerning the company or the matters mentioned in subsection (1)(c).
(6) If it appears to the Court, on consideration of any evidence obtained under this section, that any person has in his possession any property of the company, the Court may, on the application of the judicial manager, order that person to deliver the whole or any part of the property to the judicial manager at such time, in such manner and on such conditions as the Court thinks fit.
(7) If it appears to the Court, on consideration of any evidence obtained under this section, that any person is indebted to the company, the
Court may, on the application of the judicial manager, after examining that person on the matter, order that person to pay to the judicial manager, at such time, in such manner and on such conditions as the Court may direct, the whole or any part of the amount due, whether in full discharge of the debt or otherwise, as the Court thinks fit.
(8) The Court may, if it thinks fit, order that any person, who if within Brunei Darussalam would be summoned to appear before it under this section, to be examined in a place outside Brunei Darussalam.

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s 54Inquiry into company’s dealings etc.

(1)

The Court may, on the application of the judicial manager, summon to appear before it —

(a)

any officer of the company;

(b)

any person known or suspected to have in his possession any property of the company or is supposed to be indebted to the company; or

(c)

any person whom the Court thinks is capable of giving information concerning the promotion, formation, business, dealings, affairs or property of the company, and the Court may require any such person to submit an affidavit to the Court containing an account of his dealings with the company or to produce any books, papers or records in his possession or under his control relating to the company or the matters mentioned in paragraph (c).

(2)

Subsections (3) and (4) apply in a case where —

(a)

a person, without reasonable excuse, fails to appear before the Court when he is summoned to do so under this section; or

(b)

there are reasonable grounds for believing that a person has absconded, or is about to abscond, with a view to avoiding his appearance before the Court under this section.

(3)

The Court may, for the purpose of bringing that person and anything in his possession before the Court, cause a warrant to be issued to a police officer for —

(a)

the arrest of that person; and

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(b)

the seizure of any books, papers, records, money or goods in that person’s possession.

(4)

The Court may authorise the person arrested under the warrant to be kept in custody, and anything seized under such a warrant to be held, in accordance with the rules, until that person is brought before the Court under the warrant or until such other time as the Court may order.

(5)

Any person who appears or is brought before the Court under this section may be examined on oath, either orally or by interrogatories, concerning the company or the matters mentioned in subsection (1)(c).

(6)

If it appears to the Court, on consideration of any evidence obtained under this section, that any person has in his possession any property of the company, the Court may, on the application of the judicial manager, order that person to deliver the whole or any part of the property to the judicial manager at such time, in such manner and on such conditions as the Court thinks fit.

(7)

If it appears to the Court, on consideration of any evidence obtained under this section, that any person is indebted to the company, the

Court may, on the application of the judicial manager, after examining that person on the matter, order that person to pay to the judicial manager, at such time, in such manner and on such conditions as the Court may direct, the whole or any part of the amount due, whether in full discharge of the debt or otherwise, as the Court thinks fit.

(8)

The Court may, if it thinks fit, order that any person, who if within Brunei Darussalam would be summoned to appear before it under this section, to be examined in a place outside Brunei Darussalam.