Companies (Amendment) Act, 1990
|
Effect on receiver or provisional liquidator of order appointing examiner. |
6.—(1) Where the court appoints an examiner to a company and a receiver stands appointed to the whole or any part of the property or undertaking of that company the court may make such order as it thinks fit including an order as to any or all of the following matters— | |
(a) that the receiver shall cease to act as such from a date specified by the court, | ||
(b) that the receiver shall, from a date specified by the court, act as such only in respect of certain assets specified by the court, | ||
(c) directing the receiver to deliver all books, papers and other records, which relate to the property or undertaking of the company (or any part thereof) and are in his possession or control, to the examiner within a period to be specified by the court, | ||
(d) directing the receiver to give the examiner full particulars of all his dealings with the property or undertaking of the company. | ||
(2) Where the court appoints an examiner to a company and a provisional liquidator stands appointed to that company, the court may make such order as it thinks fit including an order as to any or all of the following matters— | ||
(a) that the provisional liquidator be appointed as examiner of the company, | ||
(b) appointing some other person as examiner of the company, | ||
(c) that the provisional liquidator shall cease to act as such from the date specified by the court, | ||
(d) directing the provisional liquidator to deliver all books, papers and other records, which relate to the property or undertaking of the company or any part thereof and are in his possession or control, to the examiner within a period to be specified by the court, | ||
(e) directing the provisional liquidator to give the examiner full particulars of all his dealings with the property or undertaking of the company. | ||
(3) In deciding whether to make an order under subsection (1) (a) or (b), or subsection (2) (c), the court shall have regard to whether the making of the order would be likely to facilitate the survival of the company, and the whole or any part of its undertaking, as a going concern. | ||
(4) Where the court makes an order under subsection (1) or (2), it may, for the purpose of giving full effect to the order, include such conditions in the order and make such ancillary or other orders as it deems fit. | ||
(5) Where a petition is presented under section 2 in respect of a company at a date subsequent to the presentation of a petition for the winding-up of that company, but before a provisional liquidator has been appointed or an order made for its winding-up, both petitions shall be heard together. |