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COMPANIES ACT (NORTHERN IRELAND) 1960 - SECT 300

Power of court to assess damages against delinquent directors, etc.

300.(1) If it appears to the court in the course of a winding up by, or
subject to the supervision of, the court that any past or present officer, or
any member, of the company has been guilty of any offence in relation to
the company for which he is criminally liable, the court may, either on the
application of any person interested in the winding up or of its own motion,
direct the liquidator to refer the matter to [the Director of Public
Prosecutions for Northern Ireland].

(2) If it appears to the liquidator in the course of a voluntary winding up
that any past or present officer, or any member, of the company has been
guilty of any offence in relation to the company for which he is criminally
liable, he shall forthwith report the matter to [the Director of Public
Prosecutions for Northern Ireland] and shall furnish to [the Director of
Public Prosecutions for Northern Ireland] such information and give to him
such access to and facilities for inspecting and taking copies of any
documents, being information or documents in the possession or under the
control of the liquidator and relating to the matter in question, as he may
require.

(3) Where any report is made under sub-section (2) to [the Director of Public
Prosecutions for Northern Ireland], he may, if he thinks fit, refer the matter
to the Ministry for further enquiry, and the Ministry shall thereupon
investigate the matter and may if the Ministry thinks it expedient, apply to
the court for an order conferring on the Ministry or any person designated by
the Ministry for the purpose with respect to the company concerned all such
powers of investigating the affairs of the company as are provided by this Act
in the case of a winding up by the court.

(4) If it appears to the court in the course of a voluntary winding up that
any past or present officer, or any member, of the company has been guilty as
aforesaid, and that no report with respect to the matter has been made by
the liquidator to [the Director of Public Prosecutions for Northern Ireland]
under sub-section (2), the court may, on the application of any person
interested in the winding up or of its own motion, direct the liquidator to
make such a report, and on a report being made accordingly this section shall
have effect as though the report had been made in pursuance of sub-section
(2).

(5) If, where any matter is reported or referred to [the Director of Public
Prosecutions for Northern Ireland] under this section, he considers that the
case is one in which a prosecution ought to be instituted and institutes
proceedings accordingly, it shall be the duty of the liquidator and of every
officer and agent of the company past and present (other than the defendant in
the proceedings) to give him all assistance in connection with the prosecution
which he is reasonably able to give.

For the purposes of this sub-section "agent" in relation to a company shall be
deemed to include any banker or solicitor of the company and any person
employed by the company as auditor, whether that person is or is not an
officer of the company.

(6) If any person fails or neglects to give assistance in manner required by
sub-section (5) the court may, on the application of [the Director of Public
Prosecutions for Northern Ireland] direct that person to comply with the
requirements of that sub-section, and where any such application is made with
respect to a liquidator the court may, unless it appears that the failure or
neglect to comply was due to the liquidator not having in his hands sufficient
assets of the company to enable him so to do, direct that the costs of the
application shall be borne by the liquidator personally.

Prosecution of delinquent officers and members of company.

© 1960 Crown Copyright

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