Section 658 of Insolvency Act CAP 53: Monitor's to monitor activities of company during moratorium

    

(1) During the moratorium, the monitor is responsible for monitoring the company's activities in order to ascertain whether the company is likely to have sufficient funds available to it during the remainder of the moratorium to enable it to continue to carry on its business.
(2) On being requested to do so by the monitor, the directors of the company shall provide to that monitor information necessary to enable that monitor to comply with subsection (1).
(3) In ascertaining the matters referred to in subsection (1), the monitor is entitled to rely on the information provided by the directors under subsection (2) unless that monitor has reason to doubt its accuracy.
(4) The reference in subsection (1) to the company's business is to that business as proposed to be carried on by the company during the remainder of the moratorium.
(5) If the directors fail to comply with a request made by the monitor under subsection (2), each of the directors who is in default commits an offence and on conviction is liable to a fine not exceeding five hundred thousand shillings.
(6) If, after a director has been convicted of an offence under subsection(5), the directors continue to fail comply with the request or another such request, each of the directors who is in default commits a further offence on each day on which the failure continues and on conviction is liable to a fine not exceeding fifty thousand shillings for each such offence.


Disclaimer: This document is not to be taken as legal advise.

Enhance Your Research with Bookmarks and Annotations

Here's how you can use these features:

  • To bookmark this page, click the "Bookmark this Page" button below the document title.
  • To add an annotation, highlight text in the document and select "Add Annotation" from the toolbar that appears.
  • These features are great for organizing your research and keeping track of key information.
  • You can view and manage your bookmarks and annotations on your Bookmarks and Annotations page.

Cited By:



More Sections