360.
| (1) Where 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 either himself to prosecute the offender or to refer the matter to the attorney-general. |
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| (2) Where 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 Attorney-General and shall furnish to him 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. |
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| (3) Where any report is made under the provisions of subsection (2) to the Attorney-General he may, if he thinks fit, refer the matter to the Registrar for inquiry and the Registrar shall thereupon investigate the matter and may, where he thinks it expedient, make an application to court for an order conferring on him or any person designated by him for the purpose with respect to the company concern ed 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. |
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| (4) Where on any report to the Attorney-General under the provisions of subsection (2) it appears to the Attorney-General that the case is not one in which proceedings ought to be taken by him, he shall inform the liquidator accordingly, and thereupon, subject to the previous sanction of the court, the liquidator may himself take proceedings against the offender. |
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| (5) Where 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 Attorney-General under the provisions of subsection (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 report, and on a report being made accordingly the provisions of this section shall have effect as though the report has been made in pursuance of the provisions of subsection (2). |
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| (6) If, where any matter is reported or referred to the Attorney-General under the provisions of this section, the Attorney-General considers that the case is one in which a prosecution ought to be instituted, he shall institute proceedings accordingly, and it shall be the duty of the liquidator and of every officer and agent of the company past and present (other than the accused in the proceedings) to give him all assistance in connection with the prosecution which he is reasonably able to give. |
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| (7) Where any person fails or neglects to give assistance in the manner required by subsection (6) the court may, on the application of the Attorney-General, direct that person to comply with the requirements of the said subsection, 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. |
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Sri Lanka Consolidated Acts