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srilawsby aturio
As enacted
Contents

Part I

23. Inquiry into conduct and performance

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

(1)

The Authority may inquire into the conduct or performance of an Insolvency Practitioner, or former

Insolvency Practitioner, where it is permitted under section 19 or section 24 to do so.

(2)

For the purposes of an inquiry under subsection (1), the Authority may by written notice request a person

Rescue, Rehabilitation and Insolvency who has, or is likely to have, knowledge of the conduct or performance of the Insolvency Practitioner, or former

Insolvency Practitioner, to do any of the acts specified in subsection (3), if and to the extent reasonable.

(3)

The acts referred to in subsection (2) are to –

(a)

attend on the Authority at such time and place as the Authority may request;

(b)

provide the Authority with such information about the conduct or performance of the

Insolvency Practitioner, or former Insolvency

Practitioner, as the Authority may request;

(c)

provide the Authority with such information about the affairs, business, property or financial circumstances of a debtor as the Authority may request;

(d)

be examined on oath by a representative of the

Authority on any matter relating to the affairs, business, property or financial circumstances of a debtor, or the conduct and performance of the Insolvency Practitioner or former Insolvency

Practitioner, under such evidentiary and other procedural rules as may be prescribed;

(e)

provide a declaration on oath or affirmation;

(f)

assist the Authority in its inquiry to the best of the person’s ability.

(4)

The Authority shall pay to a person referred to in paragraph (b) or (c) of subsection (3), reasonable travel and other expenses that are incurred in complying with a request made under subsection (3), on such scales as are established by the Authority.

Rescue, Rehabilitation and Insolvency

(5)

No suit, prosecution or any other legal or other proceeding including a disciplinary proceeding by any professional body or authority having jurisdiction in respect of professional conduct, shall lie against any person in respect of disclosure in good faith of information under this section.

(6)

On the application of the Authority, the court may order a person who has failed to comply with a request made under this section to –

(a)

comply with the request; or

(b)

attend before the court and be examined on oath, under such evidentiary and other procedural rules as may be prescribed, where it is satisfied that such compliance or examination, as the case may be is necessary for the performance by the

Authority of one or more of the functions set out in section 4 and would not be unreasonably oppressive to the person

Read on from s 24

Part II

Personal Insolvency: Principles

Read on from Part II

Part III

Debt Protection Moratorium Order

Read on from Part III

Part IV

Debt Restructuring Arrangements

Read on from Part IV

Part V

Debt Rehabilitation Orders

Read on from Part V

Part VI

Read on from Part VI

Part VII

Personal Insolvency Register

Read on from Part VII

Part VIII

Read on from Part VIII

Part IX

Read on from Part IX

Part X

Compromises

Read on from Part X

Part XI

Micro Small Medium Enterprise (MSME) Company Debt Restructuring Arrangements

Read on from Part XI

Part XII

Read on from Part XII

Part XIII

Read on from Part XIII

Part XIV

Cross - Border Insolvency

Read on from Part XIV

Part XV

Read on from Part XV

Part XVI

Read on from Part XVI

Part XVII

Read on from Part XVII

Schedules