Companies (Amendment) Act, 1990
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General provisions as to examiners. |
13.—(1) An examiner may resign or, on cause shown, be removed by the court. | |
(2) If for any reason a vacancy occurs in the office of examiner, the court may by order fill the vacancy. | ||
(3) An application for an order under subsection (2) may be made by— | ||
(a) any committee of creditors established under section 21 , or | ||
(b) the company or any interested party. | ||
(4) An examiner shall be described by the style of “the examiner” of the particular company in respect of which he is appointed and not by his individual name. | ||
(5) The acts of an examiner shall be valid notwithstanding any defects that may afterwards be discovered in his appointment or qualification. | ||
(6) An examiner shall be personally liable on any contract entered into by him in the performance of his functions (whether such contract is entered into by him in the name of the company or in his own name as examiner or otherwise) unless the contract provides that he is not to be personally liable on such contract, and he shall be entitled in respect of that liability to indemnity out of the assets; but nothing in this subsection shall be taken as limiting any right to indemnity which he would have apart from this subsection, or as limiting his liability on contracts entered into without authority or as conferring any right to indemnity in respect of that liability. | ||
(7) A company to which an examiner has been appointed or an interested party may apply to the court for the determination of any question arising out of the performance or otherwise by the examiner of his functions. |