PART IICompany Insolvency Etc

CHAPTER IVReceivers and Managers (England and Wales)

Administrative receivers: ascertainment and investigation of company's affairs

53Statement of affairs to be submitted to administrative receiver

1

Where an administrative receiver of a company is appointed, the administrative receiver shall forthwith require some or all of the persons mentioned in subsection (3) below to make out and submit to him a statement in the prescribed form as to the affairs of the company.

2

A statement submitted under this section shall be verified by affidavit by the persons required to submit it and shall show—

a

particulars of the company's assets, debts and liabilities;

b

the names and addresses of its creditors;

c

the securities held by them respectively ;

d

the dates when the securities were respectively given; and

e

such further or other information as may be prescribed.

3

The persons referred to in subsection (1) above are—

a

those who are or have been officers of the company ;

b

those who have taken part in the company's formation at any time within one year before the date of the appointment of the administrative receiver ;

c

those who are in the company's employment, or have been in its employment within that year, and are in the administrative receiver's opinion capable of giving the information required;

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 ;

and in this subsection " employment" includes employment under a contract for services.

4

Where any persons are required under this section to submit a statement of affairs to the administrative receiver, they shall do so (subject to subsection (5) below) before the end of the period of twenty-one days beginning with the day after that on which the prescribed notice of the requirement is given to them by the administrative receiver.

5

The administrative receiver, if he thinks fit, may—

a

at any time release a person from an obligation imposed on him under subsection (1) or (2) above ; or

b

either when giving the notice mentioned in subsection (4) above or subsequently, extend the period so mentioned ;

and where the administrative receiver has refused to exercise a power conferred by this subsection, the court, if it thinks fit, may exercise it.

6

If a person without reasonable excuse fails to comply with any obligation imposed under this section, he shall be liable—

a

on summary conviction, to a fine not exceeding the statutory maximum and, for continued contravention, to a daily default fine not exceeding one-tenth of the statutory maximum;

b

on conviction on indictment, to a fine.