Cap. 6:07
INSOLVENCY
No. 7/2018
(a)
immediately hand over to the liquidator all books of account, invoices,
vouchers, business correspondence and any other records relating to his
or her affairs and obtain from him or her a specified receipt in respect
thereof;
(b)
in the case of a debtor who is a natural person or partnership(i) within seven days after the service of the said order send to the
Master and the liquidator by standard notice one copy each of a
statement of affairs as on the date of liquidation, compiled in a
form substantially corresponding to Form A of the First Schedule
and which shall contain the particulars provided for in that Form,
which particulars must be confirmed by affidavit;
(ii) the management of a debtor, and if required by the Master persons
who participated in its formation, at any time within three years
before the first liquidation order or adoption of the liquidation
resolution, must within seven days after the service of the said order
or adoption of the resolution send to the Master by standard notice
two copies of a statement of affairs as on the date of liquidation,
compiled in a form substantially corresponding to Form A of the
First Schedule and which contain the particulars provided for in that
Form, which particulars must be confirmed by affidavit:
Provided that the Master may exempt any person referred to in this paragraph
from the obligation to comply with such requirement if such person satisfies him or her
by affidavit that he or she is unable to make out or cause to be made out or to verify
such statement as to the affairs of the debtor in question.
(2) All stock in trade enumerated in a statement of affairs contemplated in
subsection (1) must be valued at cost price or at the market value thereof at the time
of the making of the sworn statement, whichever value is the smallest.
(3) If the Master is satisfied that the debtor was unable to draw up the statement
of affairs that was sent he or she may allow a person who has assisted the debtor or his
or her spouse, where applicable, to draw up the statement of affairs to recover from
the insolvent estate the costs which the Master determines.
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Liquidator may obtain search warrant
(I) If the liquidator suspects that any book, document or record relating to
the affairs of the debtor or any property belonging to the debtor is being concealed or
otherwise unlawfully withheld from him or her, he or she may apply to the magistrate
within whose area of jurisdiction such book, document, record or property is suspected
to be or a magistrate who presided at a questioning in terms of section 57,58 or 60, for
a search warrant.
(2) If it appears to a magistrate to \vhom such application is made on the
ground of an affidavit, or evidence given at a questioning in terms of section 57, 58 or
60 or answers to questions contemplated in section 59(3 )(b) that there is substantial
reason to suspect that a book, document or other record relating to the affairs of the
debtor or property belonging to the insolvent estate is being concealed in possession
of a person or at a place or on a vehicle or vessel or in a container of whatever nature
or is otherwise unlawfully withheld from the liquidator, \Vi thin the area of jurisdiction
of the said magistrate, he or she may issue a warrant authorising the liquidator or a
police officer to search a person, or place or vehicle, vessel or container mentioned in
the warrant and to take possession of such book, document, record or property.
(3) Sections 50, 54, 56 and 57 of the Criminal Procedure and Evidence Act
[Chapter 9:071, are applicable \Vith the necessary changes with regard to the execution
of a warrant referred to in subsection (2).
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