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Insolvency Act · s 25

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s 25Special provisions as to statement submitted to receiver or manager

(1)

The statement as to the affairs of a company required by section 24(1)(b) to be submitted to the receiver or manager of the property of the company or of the property in Brunei Darussalam of any other corporation shall show as at the date of the receiver’s or manager’s appointment —

(a)

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

(b)

the names, addresses and occupations of its 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 as to the affairs of the company or such other corporation shall be submitted by, and be verified by, affidavit of —

(a)

one or more of the persons who are, at the date of the receiver’s or manager’s appointment, the directors of the company or

Insolvency such other corporation and the person who is at that date the secretary or other chief officer of the company or such other corporation; or

(b)

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

(3)

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

(a)

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

(b)

those who have taken part in the formation of the company or such other corporation at any time within one year before the date of the receiver’s or manager’s appointment;

(c)

those who are in the employment of the company or such other corporation, or have been in the employment of the company or such other corporation within that year, and are in the opinion of the receiver or manager 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 or such other corporation to which the statement relates.

(4)

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

(5)

A person who fails to comply with the requirements of this section is guilty of an offence and liable on conviction to a fine not exceeding $1,000, and, in the case of a continuing offence, with a further fine not exceeding $50 for every day or part thereof during which the offence continues after conviction.

(6)

References in this section to the receiver’s or manager’s successor shall include a continuing receiver or manager.

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