Assets and liabilities of the company, Business Law and Ethics

Assets and liabilities of the company:

Within 14 days of the making of the order for winding up a statement of affairs must be delivered to the liquidator (Official Receiver) verified by one or more directors and by the secretary (and possibly by other persons).  The statement shows the assets and liabilities of the company and includes a list of creditors with particulars of any security which creditors may hold: CA, s.232.

 The Official Receiver may require that others concerned in the recent management of the company shall join in submitting the statement of affairs.  These may be (at the Official Receiver's discretion unless the court has given directions):

(a) present or past officers of the company, i.e. its management;

(b) employees who are or who have been in the service of the company within the previous year if it is considered that they can provide the information required;

(c) persons who have taken part in the formation of the company within the previous year.

The Official Receiver makes a preliminary report to the court on the causes of the company's failure and states whether in his opinion he should make further investigation and report on suspected fraud; s.233.  If he does so this may lead on to the public examination in open court of those believed to be implicated (a much-feared sanction).

Posted Date: 1/15/2013 4:56:18 AM | Location : United States

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