Law library · Sierra Leone · The Companies Act, 2009
Section 459, The Companies Act, 2009
In forceThe Companies Act, 2009, Sierra Leone
(1) If in the course of winding-up a company it appearsthat any person who has taken part in the formation or promotion of
the company or any past or present director, manager or liquidator
or any officer of thecompany, has misapplied or retained or become
liable or accountable for any money or property of the company, or
been guilty of any misfeasance or breach of trust in relation to the
company, the court may, on the application of the official receiver, or
of the liquidator, or of any creditor or contributory, examine the conduct
of the promoter, director, manager, liquidator or officer, and compel
him to-
(a) repay or restore the money or property or
any part thereof respectively with interest at
such rate as the court thinks just; or
(b) contribute such sum to the assets of the
company by way of compensation in respect
of the misapplication, retainer, misfeasance
or breach of trust as the court thinks just.
(2) This section shall have effect notwithstanding that
the offence is one for which the offender may be criminally liable.
(3) Where in the case of a winding-up an order for
payment of money is made under this section, the order shall be
deemed to be a final judgment against the person against whom the
order is made.
Read the whole lawDownload PDFAsk Tima what this means
Check the current official version before relying on this text. MiLAWYER shares legal information, not legal advice.