Insolvency Act · s 205

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205.
Duty to co-operate with office holder
(1) (a) This section applies to section 202.
(b) This section also applies, in the case of a company in respect of which a winding up order has been made by the Court, as if references to the office holder included the Official Receiver, whether or not he is the liquidator.
(2) Each of the persons mentioned in subsection (3) shall —
(a) give to the office holder, such information concerning the company and its promotion, formation, business, dealings, affairs or property as the office holder may at any time after the effective date reasonably require; and
(b) attend on the office holder at such times as the office holder may reasonably require.
(3) The persons referred to in subsection (2) 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 effective date;
(c) those who are in the employment of the company, or have been in its employment (including employment under a contract for services) within that year, and are in the office holder’s opinion capable of giving information which he requires;
(d) those who are, or have within that year been, officers of, or in the employment (including employment under a contract for services) of, another company which is, or within that year was, an officer of the company in question; and
(e) in the case of a company being wound up by the Court, any person who has acted as judicial manager, receiver or liquidator of the company.
(4) A person who, without reasonable excuse, fails to comply with any obligation imposed by this section is guilty of an offence and liable on

Insolvency 160
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.
(5) For the purposes of subsections (2) and (3), “effective date” is whichever is applicable of the following dates —
(a) the date on which the company entered judicial management;
(b) the date on which the receiver was appointed or, if he was appointed in succession to another receiver, the date on which the first of his predecessors was appointed;
(c) the date on which the provisional liquidator was appointed;
and
(d) the date on which the company went into liquidation.

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s 205Duty to co-operate with office holder

(1)

(a)

This section applies to section 202.

(b)

This section also applies, in the case of a company in respect of which a winding up order has been made by the Court, as if references to the office holder included the Official Receiver, whether or not he is the liquidator.

(2)

Each of the persons mentioned in subsection (3) shall —

(a)

give to the office holder, such information concerning the company and its promotion, formation, business, dealings, affairs or property as the office holder may at any time after the effective date reasonably require; and

(b)

attend on the office holder at such times as the office holder may reasonably require.

(3)

The persons referred to in subsection (2) 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 effective date;

(c)

those who are in the employment of the company, or have been in its employment (including employment under a contract for services) within that year, and are in the office holder’s opinion capable of giving information which he requires;

(d)

those who are, or have within that year been, officers of, or in the employment (including employment under a contract for services) of, another company which is, or within that year was, an officer of the company in question; and

(e)

in the case of a company being wound up by the Court, any person who has acted as judicial manager, receiver or liquidator of the company.

(4)

A person who, without reasonable excuse, fails to comply with any obligation imposed by this section is guilty of an offence and liable on

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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.

(5)

For the purposes of subsections (2) and (3), “effective date” is whichever is applicable of the following dates —

(a)

the date on which the company entered judicial management;

(b)

the date on which the receiver was appointed or, if he was appointed in succession to another receiver, the date on which the first of his predecessors was appointed;

(c)

the date on which the provisional liquidator was appointed;

and

(d)

the date on which the company went into liquidation.