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As enacted
Contents

Part XII · Winding Up

374. Fraud &c. in anticipation of winding up

Official English translation. Where it differs from the Sinhala or Tamil text, the Act itself says which text prevails.

(1)

When a company is wound up, a person who is a past or present officer of the company is deemed to have committed an offence if, within the two years preceding the commencement of the winding up, he has—

(a)

concealed any part of the company’s property to the value of ten thousand rupees or more or concealed any debt due to or from the company;

(b)

fraudulently removed any part of the company’s property to the value of ten thousand rupees or more;

(c)

concealed, destroyed, mutilated or falsified any book or document affecting or relating to the company’s property or affairs;

(d)

made any false entry in any book or document affecting or relating to the company’s property or affairs;

(e)

fraudulently parted with, altered or made any omission in any document affecting or relating to the company’s property or affairs;

(f)

pawned, pledged or disposed of any property of the company which has been obtained on credit and has not been paid for, unless the pawning, pledging or disposal was in the ordinary course of the company’s business;

(g)

made or caused to be made any gift or transfer of or charge on, or has caused or connived at the levying of any execution against the company’s property, with the intent of defrauding the company’s creditors; or

(h)

concealed or removed any part of the company’s property since or within two months before the date of any unsatisfied judgment or order for the payment of money obtained against the company, with the intent of defrauding the company’s creditors.

(2)

It is a defence—

(a)

for a person charged under paragraph (a) or (f) of subsection (1), to prove that he had no intent to defraud;

(b)

for a person charged under paragraph (c) or (d) of subsection (1), to prove that he had no intent to conceal the state of affairs of the company or to defeat the law.

(3)

A person who commits an offence under subsection (1) shall be liable on conviction to a fine not exceeding one million rupees or to imprisonment for a term not exceeding five years or to both such fine and imprisonment.

Part XIII

Administrators Appointment of Administrator

Part XIV

Floating Charges

Part XV

Receivers and Managers

Part XVI

Registrar-General of Companies and Registration Appointment of Officers

Part XVII

Application of Act to Existing Companies

Part XVIII

Overseas Companies

Part XIX

Advisory Commission

Part XX

Companies Disputes Board

Part XXI

Offences Miscellaneous Offences

Part XXII

Miscellaneous Prohibition of Partnership with More Than Twenty Members

Part XXIII

Repeals and Amendments

Schedules