Commonwealth Numbered Acts

[Index] [Table] [Search] [Search this Act] [Notes] [Noteup] [Previous] [Next] [Download] [Help]

COMPANIES ACT 1981 No. 89 of 1981 - SECT 329

Special provisions as to statement submitted to receiver

329. (1) The statement as to the affairs of a company required by section 328
to be submitted to a receiver of property or part of the property of the
company (in this section referred to as the ''relevant statement'') shall
show, as at the date of the receiver's appointment, the particulars of the
company's property, debts and liabilities, the names and addresses of its
creditors, the securities held by them respectively, the dates when the
securities were respectively given and such further or other information as is
prescribed.

(2) Except to the extent that the Court otherwise directs, the relevant
statement shall be submitted by, and verified by a statement in writing by,
one or more of the persons who were at the date of the receiver's appointment
the directors of the company and by a person who was at that date a secretary
of the company, or by such of the following persons (if any) as the receiver
requires to submit and verify the relevant statement:

   (a)  persons who are or have been officers of the company;

   (b)  where the company was formed within one year before the date of the
        receiver's appointment-persons who have taken part in the formation of
        the company;

   (c)  persons who are in the employment of the company or have been in the
        employment of the company within one year before the date of the
        receiver's appointment and are, in the opinion of the receiver,
        capable of giving the information required;

   (d)  persons who are or have been, within one year before the date of the
        receiver's appointment, officers of, or in the employment of, a
        corporation that is, or within that year was, an officer of the
        company to which the relevant statement relates.

(3) A person making a relevant statement and verifying it as required by
sub-section (2) shall, subject to the regulations, 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 relevant
statement and the verification of that relevant statement as the receiver (or
his successor) considers reasonable.

(4) A person who fails to comply with a requirement of this section is guilty
of an offence.

(5) A reference in this section to the receiver's successor shall be read as
including a reference to a continuing receiver. 


AustLII: Copyright Policy | Disclaimers | Privacy Policy | Feedback