PART XXWinding Up of Companies Registered Under this Act or the Former Companies Acts
CHAPTER IIWinding up by the Court
The official receiver (England and Wales only)
526The official receiver
(1)
For the purposes of this Act as it relates to the winding up of companies by the court in England and Wales, the term " official receiver" means the official receiver (if any) attached to the court for bankruptcy purposes or, if there is more than one such official receiver, then such one of them as the Secretary of State may appoint or, if there is no such official receiver, then an officer appointed for the purpose by the Secretary of State.
(2)
Any such officer shall, for the purpose of his duties under this Act, be styled " the official receiver".
527Appointment of official receiver by court in certain cases
(1)
If in the case of the winding up of a company by the court in England and Wales it appears to the court desirable, with a view to securing the more convenient and economical conduct of the winding up, that some officer other than the person who would under section 526 be the official receiver should be the official receiver for the purposes of that winding up, the court may appoint that other officer to act.
(2)
The officer so appointed is then deemed, for all purposes of this Act, to be the official receiver in that winding up.
528Statement of company's affairs
(1)
Where the court in England and Wales has made a winding-up order or appointed a provisional liquidator, there shall (unless the court otherwise orders) be made out and submitted to the official receiver a statement as to the affairs of the company in the prescribed form.
(2)
The statement shall be verified by affidavit and show particulars of the company's assets, its debts and liabilities, the names, residences and occupations of its creditors, the securities held by them respectively, the dates when the securities were respectively given, and such further or other information as may be prescribed or as the official receiver may require.
(3)
The statement shall be submitted and verified by one or more of the persons who are at the relevant date the directors and by the person who at that date is the secretary of the company, or by such of the persons mentioned in the following subsection as the official receiver (subject to the direction of the court) may require to submit and verify the statement.
(4)
The persons referred to above are—
(a)
those who are or have been officers of the company,
(b)
those who have taken part in the formation of the company at any time within one year before the relevant date,
(c)
those who are in the employment of the company, or have been in its employment within the year just mentioned, and are in the opinion of the official receiver capable of giving the information required, and
(d)
those who are or have been within that year officers of or in the employment of a company which is, or within that year was, an officer of the company to which the statement relates.
(5)
For purposes of this section, " the relevant date " is—
(a)
in a case where a provisional liquidator is appointed the date of his appointment, and
(b)
in a case where no such appointment is made, the date of the winding-up order.
(6)
The statement of affairs required by this section shall be submitted within 14 days from the relevant date, or within such extended time as the official receiver or the court may for special reasons appoint.
(7)
If a person, without reasonable excuse, makes default in complying with the requirements of this section, he is liable to a fine and, for continued contravention, to a daily default fine.
529Further provisions as to statement etc. under s. 528
(1)
A person making or concurring in the making of the statement and affidavit required by section 528 shall be allowed, and shall be paid by the official receiver or provisional liquidator (as the case may be) out of the company's assets such costs and expenses incurred in and about the preparation and making of the statement and affidavit as the official receiver may consider reasonable, subject to an appeal to the court.
(2)
A person stating himself in writing to be a creditor or contributory of the company is entitled by himself or by his agent at all reasonable times, on payment of the prescribed fee, to inspect the statement submitted under section 528, and to a copy of or extract from it.
(3)
A person untruthfully so stating himself to be a creditor or contributory is guilty of a contempt of court and, on the application of the official receiver or the liquidator, punishable accordingly.
(4)
The statement required by section 528 may be used in evidence against any person making or concurring in making it
530Report by official receiver
(1)
When a winding-up order is made, the official receiver shall, as soon as practicable after the receipt of the statement to be submitted under section 528 (or, in a case where the court orders that no statement shall be submitted, as soon as practicable after the date of the order) submit a preliminary report to the court—
(a)
as to the amount of capital issued, subscribed and paid up, and the estimated amount of assets and liabilities, and
(b)
if the company has failed, as to the causes of the failure, and
(c)
whether in his opinion further enquiry is desirable as to any matter relating to the promotion, formation or failure of the company or the conduct of its business.
(2)
The official receiver may also, if he thinks fit, make further reports (one or more) stating the manner in which the company was formed and whether in his opinion any fraud has been committed by any person in its promotion or formation, or by any officer of the company in relation to it since its formation, and any other matter which in his opinion it is desirable to bring to the notice of the court
(3)
If the official receiver states in any such further report that in his opinion a fraud has been committed as above-mentioned, the court has the further powers provided in sections 563 and 564 (public examination of promoters and officers).