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Law library · Sierra Leone · The Companies Act, 2009

Section 393, The Companies Act, 2009

In forceThe Companies Act, 2009, Sierra Leone

(1) The court may, at any time after the appointment of aprovisional liquidator or the making of a winding up order, summon before it any officer of the company or person known or suspected to have in his possession any property of the company or supposed to be indebted to the company, or any person whom the court thinks capable of giving information, concerning the promotion, formation, trade, dealings, affairs or property of the company. (2) The court may examine the officer or other person on oath concerning those matters, either orally or on written interrogatories, and may reduce his answers to writing and require him to sign them. (3) The court may require the officer or other person to produce any books and papers in his custody or power relating to the company, but, where he claims any lien on books or papers produced by him, the production shall be without prejudice to that lien, and the court shall have jurisdiction in the winding up to determine all questions relating to that lien. (4) If any person so summoned, after being given a reasonable sum for his expenses, refuses to come before the court at the time appointed, not having a lawful impediment (made known to the court at the time of its sitting, and allowed by it), the court may cause him to be apprehended and brought before it for examination, 284 285 Order on contributory to be conclusive evidence. of special manager. exclude creditors not proving in time. Adjustment of rights of contributories. books by creditors and contributories. Costs of winding up to be paid out of assets. Summoning of persons suspected of having property of

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