Insolvency Act · 2022 Revised Edition · Chapter VI
111. Public examination of officers
Official textFrom Attorney General's Chambers, unchanged
Where a company is being wound up by the Court, the Official
company
“company” means a company incorporated or registered under the Companies Act;
Receiver or liquidator may at any time before the dissolution of the company, apply to the Court for the public examination of any person who —
Court
“Court”, in relation to a company, means a court having jurisdiction to wind up the company;
is or has at any time been an officer of the company;
has acted as liquidator or judicial manager of the company or as receiver or judicial manager, or receiver of its property; or
not being a person falling within paragraph (a) or (b), is or has been concerned, or has taken part, in the promotion, formation or management of the company.
Unless the Court otherwise orders, the Official Receiver or liquidator shall make an application under subsection (1) if he is requested in accordance with the rules to do so by —
one-half, in value, of the creditors of the company; or
three-quarters, in value, of the contributories of the company.
On an application under subsection (1), the Court shall direct that a public examination of the person to whom the application relates shall be held on a day appointed by the Court; and that person shall attend on that day and be publicly examined as to the promotion, formation or management of
Insolvency the company or as to the conduct of its business and affairs, or his conduct or dealings in relation to the company.
insolvency
“insolvency”, in relation to a company, includes the approval of a voluntary arrangement or the appointment of a judicial manager;
The following may take part in the public examination of a person under this section and may question that person concerning the matters mentioned in subsection (3) —
the Official Receiver;
the liquidator of the company;
any person who has been appointed as a judicial manager of the property or business of the company;
any creditor of the company who has tendered a proof;
any contributory of the company.
Terms defined in s 3
company
Defined · s 3“company” means a company incorporated or registered under the Companies Act;
Court
Defined · s 3“Court”, in relation to a company, means a court having jurisdiction to wind up the company;
insolvency
Defined · s 3“insolvency”, in relation to a company, includes the approval of a voluntary arrangement or the appointment of a judicial manager;
property
Defined · s 3“property”, in relation to a company, includes money, goods, things in action and every description of property, whether real or personal, and whether in Brunei Darussalam or elsewhere, and also obligations and every description of interest whether present or future or vested or contingent arising out of, or incidental to, property.
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Chapter IX
Chapter X
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