Law library · Sierra Leone · The Companies Act, 2009
Section 363, The Companies Act, 2009
In forceThe Companies Act, 2009, Sierra Leone
(1) In a case where a winding up order is made, the officialreceiver shall, as soon as practicable after receipt of the statement to
be submitted under section 362 or, in a case where the court orders
that no statement shall be submitted, as soon as practicable after the
date of the order, submit a preliminary report to the court-
(a) as to the amount of capital issued,
subscribed and paid up, and the estimated
amount of assets and liabilities;
(b) if the company has failed, as to the causes
of the failure; and
(c) whether in his opinion further enquiry is
desirable as to any matter relating to the
promotion, formation or failure of the
company, or the conduct of the business
thereof.
(2) The official receiver may also, if he thinks fit, make a
further report, or further reports, stating the manner in which the
company was formed and whether in his opinion any fraud has been
committed by any person in its promotion or formation, or by any
director or other officer of the company in relation to the company
since its formation, and any other matters which in his opinion it is
desirable to bring to the notice of the court.
(3) If the official receiver states in such further report
that in his opinion a fraud has been committed, the court shall have
the further powers provided in sections 393 and 394.
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