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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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