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

 
Section 190. Lodging of accounts of receivers and managers.
 
Section 190. Lodging of accounts of receivers and managers. (COMPANIES ACT 1965 (REVISED - 1973) - ACT 125) (1) Every receiver or manager of the property of a company or of the property within Malaysia of any other corporation shall—

    (a) within one month after the expiration of the period of six months from the date of his appointment and of every subsequent period of six months and within one month after he ceases to act as receiver or manager, lodge with the Registrar a detailed account in the prescribed form showing—

      (i) his receipts and his payments during each period of six months, or, where he ceases to act as receiver or manager, during the period from the end of the period to which the last preceding account related or from the date of his appointment, as the case may be, up to the date of his so ceasing;

      (ii) the aggregate amount of those receipts and payments during all preceding periods since his appointment; and

      (iii) where he has been appointed pursuant to the powers contained in any instrument, the amount owing under that instrument at the time of his appointment, in the case of the first account, and at the expiration of every six months after his appointment and, where he has ceased to act as receiver or manager at the date of his so ceasing, and his estimate of the total value of all assets of the company or other corporation which are subject to that instrument; and

    (b) before lodging the account, verify by affidavit all accounts and statements referred to therein.

(2) The Registrar may of his own motion or on the application of the company or other corporation or a creditor cause the accounts to be audited by an approved company auditor appointed by the Registrar and for the purpose of the audit the receiver or manager shall furnish the auditor with such vouchers and information as he requires and the auditor may at any time require the production of and inspect any books of account kept by the receiver or manager or any document or other records relating thereto.

(3) Where the Registrar causes the accounts to be audited upon the request of the company or other corporation or a creditor he may require the applicant to give security for the payment of the cost of the audit.

(4) The costs of an audit under subsection (2) shall be fixed by the Registrar and be paid by the Receiver unless the Registrar otherwise determines.

(5) Every receiver or manager who makes default in complying with this section shall be guilty of an offence against this Act.

Penalty: One thousand ringgit. Default penalty.