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COMPANIES ACT (NORTHERN IRELAND) 1960 - SECT 324

Provisions as to information where receiver or manager appointed.

324.(1) The statement as to the affairs of a company required by section three
hundred and twenty-three to be submitted to the receiver (or his successor)
shall show as at the date of the receiver's appointment the particulars of
the company's assets, debts and liabilities, the names and residences of its
creditors, the securities held by them respectively, the dates when the
securities were respectively given and such further or other information as
may be prescribed.

(2) The said statement shall be submitted by, and be verified by affidavit of,
one or more of the persons who are at the date of the receiver's appointment
the directors and by the person who is at that date the secretary of
the company, or by such of the persons hereafter in this sub-section mentioned
as the receiver (or his successor), 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 officers of the company;

(b)who have taken part in the formation of the company at any time within one
year before the date of the receiver's appointment;

(c)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 receiver
capable of giving the information required;

(d)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) Any person making the statement and affidavit shall be allowed, and shall
be paid by the receiver (or his successor) out of his receipts, such costs and
expenses incurred in and about the preparation and making of the statement and
affidavit as the receiver (or his successor) may consider reasonable, subject
to an appeal to the court.

(4) Where the receiver is appointed under the powers contained in any
instrument, this section shall have effect with the substitution for
references to the court of references to the Ministry and for references to an
affidavit of references to a statutory declaration; and in any other case
references to the court shall be taken as referring to the court by which the
receiver was appointed.

(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.

(6) References in this section to the receiver's successor shall include a
continuing receiver or manager.


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© 1960 Crown Copyright

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