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srilawsby aturio
As enacted
Contents

Part XVI

438. Documents required by a specified office holder

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

(1)

In this section –

(a)

“requesting party” means –

(i)

the Authority;

(ii)

an administrator;

(iii)

a liquidator; or

(iv)

a provisional liquidator; and

(b)

“specified office holder” means –

(i)

a Bankruptcy Trustee;

(ii)

a personal insolvency proposer;

Rescue, Rehabilitation and Insolvency

(iii)

a personal insolvency administrator;

(iv)

an administrator;

(v)

a deed administrator;

(vi)

a liquidator;

(vii)

a provisional liquidator; or

(viii)

a receiver.

(2)

A specified office holder shall have the right not to deliver to a requesting party any book, record or document that is otherwise to be delivered to the requesting party under this Act, where the specified office holder requires that book, record or document for the purpose of performing, exercising or discharging any of its powers, functions and duties.

(3)

Where a specified office holder exercises the right under subsection (2), the requesting party may require the specified office holder to –

(a)

make the book, record or document, as the case may be, available for inspection by the requesting party at any reasonable time; and

(b)

provide the requesting party with a copy of the book, record or document, as the case may be, or the relevant part or parts of it.

(4)

The requesting party shall pay the reasonable expenses of a specified office holder in complying with a requirement under subsection (3).

Read on from s 439

Part XVII

Read on from Part XVII

Schedules