Receiver necessary statement

The receiver may, if necessary, require the statement to be submitted by:

1. Past or present officers of the company
2. Persons who have taken part in the formation of the company at any time within the previous year
3. Persons employed by the company within the previous year, and capable, in the opinion of the receiver, of giving the information required
4. Persons who are or have been within the previous year officers or employees of a company which is or has been within that year an officer of the company s.352 (2).

Within two months of receipt of the statement of affairs the receiver must send:

1. A copy of the statement of affairs
2. His comments thereon (if any)
3. A summary of the statement of affairs, and
4. A summary of his comments, to:

 

•         The registrar
•         The court (if appointed by the court) - (a) and (b) only
•         The company - (b) only, or a notice that has no comments to make, and
•         To the debenture holders and their trustees (if any) - (c) only s.351(1) (c).

 

Apart from the duties imposed by law, the receiver should, upon appointment, master the terms of his appointment and ensure the validity of the charge, and, if he is appointed manager:- open an account as receiver and have existing balances and all moneys received paid into that account: give instructions that no goods are to be ordered or payments made without his authority, and that all letters etc., are to comply with s.349; make arrangements for continuing or terminating contracts of employment; take an inventory of all the assets; check insurances; and prepare lists of the company's debtors and particulars of the debts.

If the receiver is appointed by the court, he is an officer of the court, and no action can be brought against him, or taken or continued by him without leave of the court; he is not the agent of either the company or the debenture holders.

Posted Date: 12/13/2012 2:00:55 AM | Location : United States

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