Section 680 of Insolvency Act CAP 53: Power of the Court to conduct inquiry into insolvent company's dealings, etc., on application made by relevant office-holder

    

(1) In this section, "relevant office holder", in relation to a company, includes the Official Receiver even if not the liquidator.
(2) On the application of the relevant office-holder, the Court may summon to appear before it— (a) any officer of the company;
(b) any person who is known or suspected to have control over any property of the company or believed to be indebted to the company; or
(c) any person whom the Court believes capable of giving information concerning the promotion, formation, affairs or property of the company.
(3) The Court may require a person referred to in subsection (2)(a) to (c) to submit an affidavit to the Court containing an account of the person's dealings with the company or to produce any documents under the person's control relating to the company or the promotion, formation, affairs or property of the company.
(4) This subsection applies if—
(a) after being summoned to appear before the Court under subsection (2), a person without reasonable excuse fails to appear before the Court; or
(b) there are reasonable grounds for believing that a person has absconded, or is about to abscond, with a view to avoiding having to appear before the Court under that subsection.
(5) When subsection (4) applies, the Court may, for the purpose of bringing before the Court the person and anything under the person's control, issue a warrant to a police officer or an officer of the Court

(a) for the person's arrest; and
(b) for the seizure of any money, documents or other property that is under the person's control.
(6) If the Court has issued a warrant under subsection (5), it may authorise—
(a) a person arrested under the warrant to be kept in custody; and
(b) anything seized under the warrant to be held, until the person is brought before the Court under the warrant or until such other time as the Court may order.


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

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