2112
Power of court to assess damages against delinquent directors, etc. 8 Edw. 7, No. 58 of 1911.
COMPANIES.
205.-(1) Where in the course of winding up a company it appears that any person who has taken part in the formation or promotion of the company, or any past or present director, manager, 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.
Ordinance No. 7 of 1891.
Falsification of books a misdemeanor. 8 Edw. 7, c. 69, s. 216.
(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 a final judgment within the meaning of section 3(1)(g) of the Bankruptcy Ordinance, 1891.
206. Every director, officer, or contributory of any company being wound up who 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, shall be guilty of a misdemeanor.
Prosecution of delinquent directors, etc. 8 Edw. 7, c. 69, 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.
* As amended by Law Rev. Ordd., 1921,
2112
Power of
court to as- sess damages against delinquent
directors, etc. 8 Edw. 7,
No. 58 of 1911.
COMPANIES.
205.-(1) Where in the course of winding up a company it appears that any person who has taken part in the forma- tion or promotion of the company, or any past or present director, manager, or liquidator, or any officer of the company, has misapplied or retained or become liable or accountable c. 69, s. 215. 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.
Ordinance
No. 7 of 1891.
Falsification
of books a
8 Edw. 7,
e. 69, s. 216.
(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 a final judgment within the meaning of section 3 (1) (g) of the Bankruptcy Ordinance, 1891.
206. Every director, officer, or contributory of any com- misdemeanor. pany being wound up who 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 defrand or deceive any person, shall be guilty of a misdemeanor.
*
Prosecution
of delinquent
directors, etc. 8 Edw. 7,
c. 69, 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.
* As amended by Law Rev. Ordd, 1921,
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