14 (4) The examination so taken shall be returned or reported to the administrator in such manner as the administrator directs. 12 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. 13 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

Select target paragraph3

Add to table of contents