Sri Lanka Consolidated Acts

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Companies Act (No. 17 of 1982) - Sect 300

Power to order public examination of promoters, directors, amp;c

300.
(1) Where an order has been made by the court for the winding up of a company, and the official receiver has made a further report under the provisions of this Act stating that in his; opinion a fraud has been committed by any person in the promotion or formation of the company, or by any officer of the company in relation to the company since its formation, the court may, after consideration of such report, direct that such person 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 dealing as officer thereof.
(2) The official receiver may make representations at the examination referred to in subsection (1) and for that purpose may be represented by an attorney-at-law.
(3) The liquidator, where the official receiver is not the liquidator, and any creditor or contributory, may also take part in the examination either personally or by attorney- at-law.
(4) The person or officer examined under the provisions of this section shall be examined on oath or affirmation and shall answer all such questions as the court may put or allow to be put to him.
(5) A person or officer directed to be examined under the provisions of this section shall at his own cost, before being so examined, be furnished with a copy of the report of the official receiver and may at his own cost be represented by an attorney-at-law, who shall be at liberty to put to such person or officer such questions as the court may deem just for the purpose of enabling him to explain or qualify any answers given by him:
(6) Proceedings of the examination shall be reduced to writing, and shall be read over to or by, and signed by, the person or officer examined, and may thereafter be used in evidence against him, and shall be open to the inspection of any creditor or contributory at all reasonable times.
(7) The court may, if it thinks fit adjourn the examination from time to time.


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