Law library · Sierra Leone · The Companies Act, 2009
Section 339, The Companies Act, 2009
In forceThe Companies Act, 2009, Sierra Leone
(1) The statements as to the affairs of a company requiredby section 338, to be submitted to the receiver (or his successor)
shall show as at the date of the receiver’s appointment, the particulars
of the company’s assets, debts and liabilities, the names, residences
and occupations of its creditors, the securities held by them
respectively, the dates when the securities were respectively
given and such further or other information as may be prescribed.
(2) The statement shall be submitted by, and be verified by
affidavit of one or more of the persons who are at the date of the
receiver’s appointment, the directors and by the person who is at
that date the secretary of the company, or by such of the persons in
this subsection mentioned as the receiver (or his successors), subject
to the direction of the court, may require to submit and verify the
statement, that is to say, persons-
(a) who are or have been officers of the
(b) who have taken part in the formation of the
company at any time within one year before
the date of the receiver’s appointment;
(c) who are in the employment of the company,
or have been in the employment of the
company within the year, and are in the
opinion of the receiver capable of giving the
information required;
(d) who are or have been within the year officers
of or in the employment of a company which
is, or within the year was, an officer of the
company to which the statement relates.
(3) Any person making the statement and affidavit shall
be allowed, and shall be paid by the receiver (or his successor) out of
his receipts, such costs and expenses incurred in and about the
preparation and making of the statement and affidavit as the receiver
(or his successor) may consider reasonable, subject to an appeal to
256 257
Special provisions as to
statement
submitted
to receiver.
(4) Where the receiver is appointed under the powers
contained in any instrument, this section shall have effect with the
substitution for references to the court of references to the
Commission and references to an affidavit, of references to a statutory
declaration; and in any other case references to the court shall be
taken as referring to the court by which the receiver was appointed.
(5) If any person without reasonable excuse defaults in
complying with the requirements of this section, he shall be guilty of
an offence and be liable to a fine of Le.500,000 for each day during
which the default continues.
(6) Reference in this section to the receiver’s successor shall
include a continuing receiver or manager.
Accounts by r eceivers or managers
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