Insolvency Act · 2022 Revised Edition · Part 10
235. Investigative powers of Executive Manager
Official textFrom Attorney General's Chambers, unchanged
The Executive Manager may require to appear before him any person who he thinks is capable of giving information concerning the promotion, formation, business, dealings, affairs or property of the company, or any other information which the Executive Manager believes to be relevant to the exercise of any of his powers.
Executive Manager
“Executive Manager” means a person appointed as such under section 230(1);
The Executive Manager may for the purpose of carrying out his functions or the exercise of any of his powers examine any person on oath, and may administer an oath accordingly.
The Executive Manager may require any person mentioned in section 234(2) to produce any document in his possession or under his control relating to the company or to any of the matters mentioned in section 234(1)(a) and in relation to information recorded otherwise than in legible form, the power to require its production includes power to require the production of a copy of the information in legible form.
document
“document” includes summons, notice, order and other legal process, and registers;
If any person —
fails or refuses to comply with his duty under section 234(1)(a) or (c);
fails or refuses to comply with a requirement of the
Executive Manager under section 234(1)(b) or this section;
refuses to answer any question put to him by the Executive
Manager, the Executive Manager may certify that fact in writing to the Court, and the
Court may —
punish the offender in the like manner as if he had been guilty of contempt of court; or
cause a warrant to be issued to a police officer for the arrest of that person and for the seizure and delivery up to the Executive Manager of any document in that person’s possession and authorise a person arrested
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under such a warrant to be kept in custody until he appears before the Executive Manager.
A lien or other right to retain possession of any document of the company is unenforceable to the extent that its enforcement would deny possession of any document to the Executive Manager.
company
“company” means a company incorporated or registered under the Companies Act;
In this section, “document” includes —
anything in which information of any description is recorded in any form, whether in a manner intelligible to the senses or capable of being made intelligible by the use of equipment;
any database or electronic information.
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;
document
Defined · s 3“document” includes summons, notice, order and other legal process, and registers;
Executive Manager
Defined · s 3“Executive Manager” means a person appointed as such under section 230(1);
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.