Full text: Secretarial practice

558 
SECRETARIAL PRACTICE 
(2) The statement shall be submitted and verified by one or 
more of the persons who are at the relevant date the directors and 
by the person who is at that date the secretary or other chief officer 
of the company, or by such of the persons hereinafter in this sub- 
section mentioned as the official receiver, subject to the direction 
of the court, may require to submit and verify the statement, that 
is to say, persons— 
(a) who are or have been directors or officers of the company; 
(b) who have taken part in the formation of the company at 
any time within one year before the relevant date; 
who are in the employment of the company, or have been 
in the employment of the company within the said year, 
and are in the opinion of the official receiver capable of 
giving the information required; 
who are or have been within the said year officers of or in 
the employment of a company, which is, or within the said 
year was, an officer of the company to which the statement 
relates. 
(3) The statement shall be submitted within fourteen days 
from the relevant date, or within such extended time as the official 
receiver or the court may for special reasons appoint. 
(4) Any person making or concurring in making the statement 
and affidavit required by this section shall be allowed, and shall be 
paid by the official receiver or provisional liquidator, as the case 
may be, out of the assets of the company, such costs and expenses 
incurred in and about the preparation and making of the statement 
and affidavit as the official receiver may consider reasonable, subject 
to an appeal to the court. 
(5) If any person, without reasonable excuse, makes default 
in complying with the requirements of this section, he shall be 
liable to a fine not exceeding ten pounds for every day during 
which the default continues. 
(d) 
(6) Any person stating himself in writing to be a creditor or 
contributory of the company shall be entitled by himself or by his 
agent at all reasonable times, on payment of the prescribed fee, 
to inspect the statement submitted in pursuance of this section, 
and to a copy thereof or extract therefrom. 
(7) Any person untruthfully so stating himself to be a creditor 
or contributory shall be guilty of a contempt of court and shall, on 
the application of the liquidator or of the official receiver, be punish- 
able accordingly. 
(8) In this section the expression ‘‘ the relevant date’ means in 
a case where a provisional liquidator is appointed, the date of his 
appointment, and, in a case where no such appointment is made, 
the date of the winding up order. 
Report by 182.—(1) In a case where a winding-up order is made, the official 
official receiver. receiver shall, as soon as practicable after receipt of the statement 
to be submitted under the last foregoing section, or, in a case where
	        
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