Skip to content
In force2022 Revised Edition
Contents

Chapter X

180. Misconduct in course of winding up

(1)

When a company is being wound up, whether by the Court or voluntarily, any person who, being a past or present officer of the company —

(a)

does not to the best of his knowledge and belief, fully and truly disclose to the liquidator all the property of the company, and how and to whom and for what consideration and when the company disposed of any part of that property (except such part as has been disposed of in the ordinary way of the company’s business);

(b)

does not deliver up to the liquidator (or as he directs), all such part of the property of the company as is in his custody or under his control, and which he is required by law to deliver up;

(c)

does not deliver up to the liquidator (or as he directs), all books and papers in his custody or under his control belonging to the company and which he is required by law to deliver up;

(d)

knowing or believing that a false debt has been proved by any person in the winding up, fails to inform the liquidator as soon as practicable; or

(e)

after the commencement of the winding up, prevents the production of any book and paper affecting or relating to the property or affairs of the company, is guilty of an offence and liable on conviction to a fine not exceeding $10,000, imprisonment for a term not exceeding 2 years or both.

Insolvency 144

(2)

Such a person commits an offence if after the commencement of the winding up, he attempts to account for any part of the property of the company by fictitious losses or expenses; and he is deemed to have committed that offence if he has so attempted at any meeting of the company’s creditors within the 12 months immediately preceding the commencement of the winding up.

(3)

It is a defence for —

(a)

a person charged under subsection (1)(a), (b) or (c) to prove that he had no intent to defraud; and

(b)

a person charged under subsection (1)(e) to prove that he had no intent to conceal the state of affairs of the company or to defeat the law.

Report