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As enacted
Contents

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.

(1)

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—

(a)

inquire into the conduct of the promoter, director, manager, liquidator, or receiver; and

(b)

order that person—

(i)

to repay or restore the money or property or any part of it with interest at a rate the court thinks just; or

(ii)

to contribute such sum to the assets of the company by way of compensation as the court thinks just; or

(c)

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.

(2)

The provisions of this section shall have effect even though the conduct may constitute an offence under this

Act.

(3)

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

Repeals and Amendments

Schedules