Insolvency Act · 2022 Revised Edition · Part 7
206. Inquiry into company’s dealings etc.
Official textFrom Attorney General's Chambers, unchanged
This section applies to section 204.
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.
The Court may, on the application of the office holder, summon to appear before it —
Court
“Court”, in relation to a company, means a court having jurisdiction to wind up the company;
any officer of the company;
any person known or suspected to have in his possession any property of the company or supposed to be indebted to the company; or
any person whom the Court thinks capable of giving information concerning the promotion, formation, business, dealings, affairs or property of the company.
The Court may require any such person as is mentioned in subsection (2) to submit to the Court an account of his dealings with the
Insolvency company or to produce any books, papers or other records in his possession or under his control relating to the company or the matters mentioned in subsection 2(c).
insolvency
“insolvency”, in relation to a company, includes the approval of a voluntary arrangement or the appointment of a judicial manager;
An account submitted to the Court under subsection (3) must be contained in a witness statement verified by an affidavit.
Subsections (6) and (7) apply in a case where —
a person, without reasonable excuse, fails to appear before the Court when he is summoned to do so under this section; or
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.
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 —
the arrest of that person; and
the seizure of any books, papers, records, money or goods in that person’s possession.
The Court may authorise a person arrested under such a 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.
Terms defined in this Act
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.