ACT 125
COMPANIES ACT 1965 (REVISED - 1973)
PART VIII - RECEIVERS AND MANAGERS

 
Section 189. Special provisions as to statement submitted to receiver.
 
Section 189. Special provisions as to statement submitted to receiver. (COMPANIES ACT 1965 (REVISED - 1973) - ACT 125) (1) The statement as to the affairs of a company required by section 188 to be submitted to the receiver shall show as at the date of the receiver's appointment the particulars of the company's assets, debts and liabilities, the names and addresses of its creditors, the securities held by them respectively, the dates when the securities were respectively given and such further or other information as may be prescribed.

(2) The statement shall be submitted by, and be verified by affidavit of, one or more of the persons who were at the date of the receiver's appointment the directors of the company and by the person who was at that date the secretary of the company, or by such of the persons hereafter in this subsection mentioned as the receiver may require to submit and verify the statement, that is to say—

    (a) persons who are or have been officers;

    (b) persons who have taken part in the formation of the company at any time within one year before the date of the receiver's appointment;

    (c) persons who are in the employment of the company, or have been in the employment of the company within that year, and are in the opinion of the receiver capable of giving the information required;

    (d) persons who are or have been within that year officers of or in the employment of a corporation which is, or within that year was, an officer of the company to which the statement relates.

(3) Any person making the statement and affidavit shall be allowed and shall be paid by the receiver (or his successor) out of his receipts, such costs and expenses incurred in and about the preparation and making of the statement and affidavit as the receiver (or his successor) may consider reasonable, subject to an appeal to the Court.

(4) If any person makes default in complying with the requirements of this section, he shall be guilty of an offence against this Act.

Penalty: One thousand ringgit. Default penalty.

(5) References in this section to the receiver's successor shall include a continuing receiver or manager.