Cap. 6:07
lt\SOLVENCY
No. 7/2018
written questions by standard notice to the debtor. or the persons responsible for the
management of such debtor. or a creditor or to any other person, to be answered by
him or her.
(2) Questions contemplated in subsection ( 1)(a)
may be put to the debtor or such other person with regard to all matters
relating to his or her business or affairs, whether before or after the
liquidation of his or her estate, and with regard to any property which at
any time belonged to the insolvent estate;
(b)
may be put to a creditor of the estate with regard to a claim proved by
him or her against the estate or a claim offered for proof;
(c)
may be put to(i) any other person with regard to any transaction which such person
had with the debtor; or
(ii) concerning any property, books, documents or records of the debtor
which such person had in his or her possession within 36 months
before the date of liquidation of the estate of the debtor.
(3) Standard notice of the questions contemplated in subsection (l) must be
given to the person to whom they are put.
(4) The written answers to the questions must be sworn to or affirmed and be
sent to the liquidator by standard notice within 14 days after receipt of the questions.
(5) Sections 57(5) and (6) is applicable with the necessary changes with regard
to the written answers to questions referred to in this section.
(6) The answers to questions referred to in this section must be regarded as
evidence given in terms of section 57.
(7) The provision of answers to questions referred to in this section, or a refusal
to provide such answers, does not prevent a person from being summoned in terms of
section 56, or from being examined in terms of section 57 or section 58, and does not
absolve a person from the obligation to give evidence when called upon to do so.
(8) The liquidator of an insolvent estate may by standard notice order any person
\Vith \vhom the debtor or his or her spouse had an account or transactions within 12
months before the date of the liquidation of the debtor's estate, to furnish the liquidator
within seven days or such longer period as the liquidator may allow with a statement
reflecting the state of the said account or the debits, credits and balance due in respect
of the transactions during the said period of 12 months.
(9) The liquidator may by standard notice order any person whom he or she
has reason to believe to be in possession or control of any book, document, record or
material information relating to the affairs of the debtor or his or her spouse, before or
after the liquidation of the debtor's estate or of property belonging or \vhich did belong
to the debtor or his or her spouse, to make the book, document. record information or
property specified in the said notice available to the liquidator within seven days of
the date of the said notice, or \Vithin such longer time as the liquidator may allow, and
such person must allow the liquidator or someone on behalf of the liquidator to make
copies of or extracts from any such book, document or record.
60
Examination by or on behalf of the Master
(I) If at any time after the liquidation of a debtor's estate, and before his or
her rehabilitation or dissolution, as the case may be, the Master is of the opinion that
the debtor or the liquidator of the insolvent estate or any other person is able to give
information or is in possession of books, documents or records which the Master
247
Select target paragraph3
Add to table of contents