In force2020 Revised Edition

Contents

Insolvency, Restructuring and Dissolution Act 2018 · 2020 Revised Edition · Part 8 · Winding Up

137. Control of liquidators by Official Receiver

(1)

Where, in the winding up of a company by the Court, a person other than the Official Receiver is the liquidator, the Official Receiver is to take cognizance of the liquidator’s conduct, and if —

(a)

the liquidator does not faithfully perform the liquidator’s duties or duly observe all the requirements imposed on the liquidator by any written law or otherwise with respect to the performance of the liquidator’s duties; or

(b)

any complaint is made to the Official Receiver by any creditor or contributory in relation to the liquidator’s conduct,the Official Receiver must inquire into the matter and take such action thereon as the Official Receiver thinks expedient.

(2)

The Official Receiver may —

(a)

at any time require any liquidator of a company that is being wound up by the Court to answer any inquiry in relation to any winding up in which the liquidator is engaged; and

(b)

if the Official Receiver thinks fit, apply to the Court to examine the liquidator or any other person on oath concerning the winding up.

(3)

The Official Receiver may also direct an investigation to be made of the books and vouchers of any liquidator of a company that is being wound up by the Court.