2174
No. 58 of 1911.
COMPANIES.
or liquidator, or any officer of the company, has misapplied or retained or become liable or accountable for any money or property of the company, or been guilty of any misfeasance or breach of trust in relation to the company, the Court may, on the application of the Official Receiver, or of the liquidator, or of any creditor or contributory, examine into the conduct of the promoter, director, manager, liquidator, or officer, and compel him to repay or restore the money or property or any part thereof respectively with interest at such rate as the Court thinks just, or to contribute such sum to the assets of the company by way of compensation in respect of the misapplication, retainer, misfeasance, or breach of trust as the Court thinks just.
(2) This section shall apply notwithstanding that the offence is one for which the offender may be criminally responsible.
(3) Where in the case of a winding up an order for payment of money is made under this section, the order shall be deemed to be No. 7 of 1891, a final judgment within the meaning of section 3 (1) (g) of the Bankruptcy Ordinance, 1891.
Falsification of books misdemeanor.
8 Edw. 7 c. 69 s. 216.
206. If any director, officer, or contributory of any company being wound up destroys, mutilates, alters, or falsifies any books, papers, or securities, or makes or is privy to the making of any false or fraudulent entry in any register, book of account, or document belonging to the company with intent to defraud or deceive any person, he shall be guilty of a misdemeanor.
Prosecution of delinquent directors, &c. ib. s. 217.
207.—(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 director, manager, officer, or member of the company has been guilty of any offence in relation to the company for which he is criminally responsible, the Court may on the application of any person interested in the winding up, or of its own motion, direct the liquidator to prosecute for the offence, and may order the costs and expenses to be paid out of the assets of the company.
(2) If it appears to the liquidator in the course of a voluntary winding up that any past or present director, manager, officer, or member of the company has been guilty of any offence in relation to the company for which he is criminally responsible, the liquidator, with the previous sanction of the Court, may prosecute the offender, and expenses properly incurred by him in the prosecution shall be payable out of the assets of the company in priority to all other liabilities.
Page 100
Page 101
2174
No. 58 of 1911.
COMPANIES.
or liquidator, or any officer of the company, has misapplied or retained or become liable or accountable for any money or property of the company, or been guilty of any misfeasance or breach of trust in relation to the company, the Court may, on the application of the Official Receiver, or of the liquidator, or of any creditor or contributory, examine into the conduct of the promoter, director, manager, liquidator, or officer, and compel him to repay or restore the money or property or any part thereof respectively with interest at such rate as the Court thinks just, or to contribute such sum to the assets of the company by way of compensation in respect of the misapplication, retainer, misfeasance, or breach of trust as the Court thinks just.
(2) This section shall apply notwithstanding that the offence is one for which the offender may be criminally responsible.
(3) Where in the case of a winding up an order for payment of money is made under this section, the order shall be deemed to be No. 7 of 1891. a final judgment within the meaning of section 3 (1) (g) of the Bank-
ruptcy Ordinance, 1891.
Falsification
demeanor.
8 Edw. 7
206. If any director, officer, or contributory of any company being of books mis- wound up destroys, mutilates, alters, or falsifies any books, papers, or securities, or makes or is privy to the making of any false or fraudulent entry in any register, book of account, or document belonging to the company with intent to defraud or deceive any person, he shall be guilty of a misdemeanor.
c. 69 s. 216.
Prosecution of delinquent
ib. s. 217.
207.-(1) If it appears to the Court in the course of a winding directors, &c. up by or subject to the supervision of the Court that any past or present director, manager, officer, or member of the company has been guilty of any offence in relation to the company for which he is criminally responsible, the Court may on the application of any person interested in the winding up, or of its own motion, direct the liquidator to prosecute for the offence, and may order the costs and expenses to be paid out of the assets of the company.
(2) If it appears to the liquidator in the course of a voluntary winding up that any past or present director, manager, officer, or member of the company has been guilty of any offence in relation. to the company for which he is criminally responsible, the liquida- tor, with the previous sanction of the Court, may prosecute the offender, and expenses properly incurred by him in the prosecution shall be payable out of the assets of the company in priority to all other liabilities.
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