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(4) The examination so taken shall be returned or reported to the administrator in such
manner as the administrator directs.
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Forfeiture or vesting in State of rights held by culpable persons
(1) The administrator shall cancel or nullify any share, right or interest in or claim upon a
company under reconstruction purportedly held by a culpable person which was obtained by
or resulted from any fraud committed by the culpable person.
(2) Any share, right or interest in or claim upon a company under reconstruction held by
a culpable person that is not a share, right or interest in or claim upon the company referred to
in subsection (1) and which properly vests in a culpable person shall, with effect from the date
he or she becomes a culpable person in terms of section 9(8), vest in the State, which, in
consideration therefor, shall apply the same by way of set-off towards discharging the
culpable person’s liability for any or all of the debts and liabilities of the company.
(3) The administrator may, in accordance with a scheme of reconstruction—
(a) consolidate or redivide any shares referred to in subsection (2) into any number of
shares of any denomination equivalent to the true or fair value of the shares
previously held by the culpable person;
(b) convert any right, interest or claim referred to in subsection (2) into shares equal in
value to the true or fair value of the right, claim or interest previously held by the
culpable person;
and the shares resulting from the exercise of the administrator’s powers under paragraph (a)
or (b) shall be issued to the State.
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Attachment of assets of culpable persons in satisfaction of their
liabilities to company under reconstruction
(1) If a judge issues an order in terms of section 9(7) confirming the extent, whether
limited or unlimited, to which a culpable person is liable for the debts and liabilities of a
company under reconstruction, such order shall have the effect, for purposes of enforcement,
of a civil judgment in favour of the company under reconstruction for the satisfaction of⎯
(a) such of its debts and liabilities as have been attributed to the culpable person by the
order; and
(b) the reconstruction expenses referred to in section 34(2).
(2) The administrator may submit for registration the copy of the order referred to in
subsection (1) to the court of any magistrate which would have had jurisdiction to make the
order had the matter been determined by it, or, if the decision, order or determination exceeds
the jurisdiction of any magistrates court, the High Court.
(3) If any statement in terms of section 9(1)—
(a) specifies the extent, whether limited or unlimited, to which a culpable person is
liable for the debts and liabilities of a company under reconstruction; and
(b) such statement has not been confirmed by a judge because the culpable person did
not object to it in terms of section 9(7);
the administrator may, within a period of six months from the date when the statement was
first notified to the culpable person in terms of section 9(3), and on not less than fourteen
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