Full text: Secretarial practice

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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