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Contents

Part XIII

394. Duty of receiver to report off ence committed

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

(1)

Where a receiver believes or has reasonable grounds to believe, that the company or any involved party has committed an offence under –

(a)

this Act;

(b)

the Companies Act; or

(c)

the Securities and Exchange Commission of

Sri Lanka Act, No. 19 of 2021, the receiver shall as soon as practicable report the matter to the Registrar and Authority.

(2)

The Registrar and Authority shall refer a matter reported under subsection (1) to the appropriate law enforcement authority.

(3)

In any case where a receiver makes a report on a matter under subsection (1) that is reported to a law enforcement authority under subsection (2), the receiver shall give to the authority such assistance as the authority may require by way of –

(a)

provision of information;

(b)

access to documents; and

(c)

facilities for inspecting and copying documents.

(4)

Nothing in this section shall –

(a)

impose any duty on a receiver to investigate whether any offence of a kind referred to in subsection (1) has been committed; or

(b)

affect or limit any duty imposed on a receiver under any other written law.

(5)

A receiver who fails to comply with subsection (1) or subsection (3) commits an offence.

Rescue, Rehabilitation and Insolvency

CHAPTER 7

Liability of Receiver