Law library · Sierra Leone · The Companies Act, 2009
Section 341, The Companies Act, 2009
In forceThe Companies Act, 2009, Sierra Leone
(1) If any receiver or manager of the property of a companyhaving–
(a) defaulted in filing, delivering or making any
returns, account or other document, or in
giving any notice, which a receiver or manager
is by law required to file, delivers, makes, gives
or fails to make good the default within 14
days after the service on him of a notice
requiring him to do so; or
(b) been appointed under the powers contained
in any instrument has, after being required
at any time by the liquidator of the company
to do so fails to render proper accounts of
his receipts and payment and to vouch them
and to pay over to the liquidator the amount
properly payable to him,
the Court may, on an application made for the purpose, make an order
directing the receiver or manager, as the case may be, to make good
the default within such time as may be specified in the order,
(2) In the case of any default as is mentioned in paragraph
(a) of subsection (1), an application for the purposes of this section
may be made by any member or by the Commission, and in the case
of such default as is mentioned in paragraph (b) of that subsection,
the application shall be made by the liquidator, and in either case the
order may provide that all costs shall be borne by the receiver or
manager, as the case may be.
(3) Nothing in this section shall be taken to prejudice the
operation of any enactment imposing penalties on receivers in respect
of such default as is mentioned in subsection (1).
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