Law library · Sierra Leone · The Companies Act, 2009
Section 268, The Companies Act, 2009
In forceThe Companies Act, 2009, Sierra Leone
(1) The court may appoint one or more competentinspectors to investigate the affairs of a company and to report
thereon in such manner as shall be directed–
(a) in the case of a company having a share
capital on the application of members holding
not less than one quarter of the shares issued;
(b) in the case of a company not having a share
capital, on the application of not less than
one-quarter of the persons on the company’s
register of members; and
(c) in any other case, on the application of the
(2) The court may make such an appointment if it appears
to it that there are circumstances suggesting that–
Investigation
of affairs of
company by
inspecors.
196 197
court to grant
relief.
(a) the company’s affairs are being or have been
conducted with intent to defraud its creditors
or the creditors of any other person, or in a
manner which is unfairly prejudicial to some
part of its members;
(b) any actual or proposed act or omission of
the company (including an act or omission
on its behalf) is or would be so prejudicial, or
that the company was formed for any
fraudulent or unlawful purpose;
(c) persons concerned with the company’s
formation or the management of its affairs
have in connection therewith been guilty of
fraud, misfeasance or other misconduct
towards it or towards its members;
(d) the company’s members have not been given
all the information with respect to its affairs
which they might reasonably expect; or
(e) there are any other reasons for appointing
the inspectors than in paragraphs (a), (b),
(c), and (d) .
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