Companies Act 2007 · As enacted · Part XII · Winding Up
376. Power of court to require persons to repay money or return property
Official English translation. Where it differs from the Sinhala or Tamil text, the Act itself says which text prevails.
Official translationFrom Department of Government Printing, unchanged
Where in the course of the winding up of a company it appears to the court that a person who has taken part in the formation or promotion of the company or a past or present director, manager, liquidator or receiver of the company, has misapplied or retained or become liable or accountable for money or property of the company, or been guilty of negligence, default or breach of duty or trust in relation to the company, the court may, on the application of the liquidator or a creditor or shareholder—
inquire into the conduct of the promoter, director, manager, liquidator, or receiver; and
order that person—
to repay or restore the money or property or any part of it with interest at a rate the court thinks just; or
to contribute such sum to the assets of the company by way of compensation as the court thinks just; or
where the application is made by a creditor, order that person to pay or transfer the money or property or any part of it with interest at a rate the court thinks just, to the creditor.
The provisions of this section shall have effect even though the conduct may constitute an offence under this
Act.
Where an order for payment of money is made under this section, it shall for the purposes of the Insolvency
Ordinance (Cap. 97), be deemed to be a judgment for the recovery of a debt or money demand referred to in section 12
of that Ordinance.
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