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Records to be maintained by Liquidators and the provision of information

Provision of accounts by liquidator and audit of accounts

14.—(1) The liquidator shall, if required by the Department at any time, send to the Department an account in relation to the company of the liquidator’s receipts and payments covering such period as the Department may direct and such account shall, if so required by the Department, be certified by the liquidator.

(2) Where the liquidator in a winding up by the court vacates office prior to the holding of the final general meeting of creditors under Article 124, he shall within 14 days of vacating office send to the Department an account of his receipts and payments as liquidator for any period not covered by an account previously so sent by him or if no such account has been sent, an account of his receipts and payments in respect of the whole period of his office.

(3) In the case of a winding up by the court, where:

(a)a final general meeting of creditors has been held pursuant to Article 124, or

(b)a final general meeting is deemed to have been held by virtue of Rule 4.132(5),

the liquidator shall send to the Department, in case (a), within 14 days of the holding of the final general meeting of creditors and, in case (b), within 14 days of his report to the court pursuant to Rule 4.132(5), an account of his receipts and payments as liquidator which are not covered by any previous account so sent by him, or if no such account has been sent an account of his receipts and payments in respect of the whole period of his office.

(4) In the case of a winding up by the court, where a statement of affairs has been submitted under the Order, any account sent under this regulation shall be accompanied by a summary of that statement of affairs and shall show the amount of any assets realised and explain the reasons for any non-realisation of any assets not realised.

(5) In the case of a winding up by the court, where a statement of affairs has not been submitted under the Order, any account sent under this regulation shall be accompanied by a summary of all known assets and their estimated values and shall show the amounts actually realised and explain the reasons for any non-realisation of any assets not realised.

(6) Any account sent to the Department shall, if it so requires, be audited, but whether or not the Department requires the account to be audited, the liquidator shall send to the Department on demand any documents (including vouchers and bank statements) and any information relating to the account.

(7) Any account sent to the Department under this regulation shall be on a form obtainable from the Department for the purpose.

[E.R. 14]