Wege zur Rationalisierung

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Monograph

Identifikator:: 1760044229

URN:: urn:nbn:de:zbw-retromon-137264

Document type:: Monograph

Title:: Wege zur Rationalisierung

Place of publication:: Frankfurt am Main

Publisher:: [Frankf. Societäts-Dr.]

Year of publication:: 1927

Scope:: 92 Seiten

Digitisation:: 2021

Collection:: Economics Books

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COMPANIES ACT, 1929 671 (5) The person examined shall be examined on oath, and shall answer all such questions as the court may put or allow to be put to him. (6) A person ordered to be examined under this section shall at his own cost, before his examination, be furnished with a copy of the official receiver’s report, and may at his own cost employ a solicitor with or without counsel, who shall be at liberty to put to him such questions as the court may deem just for the purpose of enabling him to explain or qualify any answers given by him: Provided that, if any such person applies to the court to be exculpated from any charges made or suggested against him, it shall be the duty of the official receiver to appear on the hearing of the application and call the attention of the court to any matters which appear to the official receiver to be relevant, and if the court, after hearing any evidence given or witnesses called by the official receiver, grants the application, the court may allow the applicant such costs as in its discretion it may think fit. (7) Notes of the examination shall be taken down in writing, and shall be read over to or by, and signed by, the person examined, and may thereafter be used in evidence against him, and shall be open to the inspection of any creditor or contributory at all reason- able times. (8) The court may, if it thinks fit, adjourn the examination from time to time. (9) An examination under this section may, if the court so directs, and subject to general rules, be held before any judge of county courts, or before any officer of the Supreme Court, being an official referee, master, or registrar in bankruptcy, or before any district registrar of the High Court named for the purpose by the Lord Chancellor, or, in the case of companies being wound up by a Palatine Court, before a registrar of that court, and the powers of the court under this section may be exercised by the person before whom the examination is held. 217.—(1) Where an order has been made in England for winding Power in Eng- up a company by the court, and the official receiver has made a strain further report under this Act stating that, in his opinion, a fraud has sons from been committed by a person in the promotion or formation of the Jile&te company, or by any director or other officer of the company in relation to the company since its formation, the court may, on the application of the official receiver, order that that person, director or officer shall not, without the leave of the court, be a director of or in any way, whether directly or indirectly, be concerned in or take part in the management of a company for such period, not exceeding five years, from the date of the report as may be specified in the order. (2) The official receiver shall, where he intends to make an application under the last foregoing subsection, give not less than ten days’ notice of his intention to the person charged with the fraud, and on the hearing of the application that person may appear and himself give evidence or call witnesses.

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