Full text: Secretarial practice

670 SECRETARIAL PRACTICE 
a 214.—(1) The court may, at any time after the appointment ot a 
pected of having provisional liquidator or the making of a winding-up order, summon 
Ww ha before it any officer of the company or person known or suspected to 
have in his possession any property of the company or supposed 
to be indebted to the company, or any person whom the court deems 
capable of giving information concerning the promotion, formation. 
trade, dealings, affairs, or property of the company. 
(2) The court may examine him on oath concerning the matters 
aforesaid, either by word of mouth or on written interrogatories, and 
may reduce his answers to writing and require him to sign them. 
(3) The court may require him to produce any books and 
papers in his custody or power relating to the company, but, where 
he claims any lien on books or papers produced by him, the pro- 
duction shall be without prejudice to that lien, and the court shall 
have jurisdiction in the winding up to determine all questions relat- 
ing to that lien. 
E" (4) If any person so summoned, after being tendered a reason- 
able sum for his expenses, refuses to come before the court at the 
time appointed, not having a lawful impediment (made known to 
the court at the time of its sitting, and allowed by it), the court 
may cause him to be apprehended and brought before the court for 
examination. 
Attendarice of 215. In the winding up by the court of a company registered in 
Sia of com- Scotland, the court shall have power to require the attendance of 
ings of creditors, any director or other officer of the company at any meeting of 
&c.. in Scotland. creditors or of contributories or of a committee of inspection for the 
purpose of giving information as to the trade. dealings, affairs or 
property of the company. 
Power in Eng- 216.—(1) Where an order has been made in England for winding 
ie order ap a company by the court, and the official receiver has made a 
tion of promo- further report under this Act stating that in his opinion a fraud has 
bs; directors, been committed by any person in the promotion or formation of the 
company, or by any director or other officer of the company in 
relation to the company since its formation, the court may, after 
consideration of the report, direct that that person, director or officer 
shall attend before the court on a day appointed by the court for that 
purpose, and be publicly examined as to the promotion or formation 
or the conduct of the business of the company, or as to his conduct 
and dealings as director or officer thereof. 
(2) The official receiver shall take part in the examination, and 
for that purpose may, if specially authorised by the Board of Trade 
in that behalf, employ a solicitor with or without counsel. 
(3) The liquidator, where the official receiver is not the liqui- 
dator, and any creditor or contributory, may also take part in the 
examination either personally or by solicitor or counsel. 
(4) The court may put such questions to the person examined 
as the court thinks fit.
	        
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