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StatuteCompanies Act 1993

Section 266 — Companies Act 1993: Powers of Court

Text of the provision Official document

266 Powers of Court (1) The Court may, on the application of the liquidator, order a person who has failed to comply with a requirement of the liquidator under section 261 of this Act to comply with that requirement. (2) The Court may, on the application of the liquidator, order a person to whom section 261 of this Act applies to— (a) Attend before the Court and be examined on oath or affirmation by the Court or the liquidator or a barrister or solicitor acting on behalf of the liquidator on any matter relating to the business, accounts, or affairs of the company: (b) Produce any books, records, or documents relating to the business, accounts, or affairs of the company in that person's possession or under that person's control. (3) Where a person is examined under subsection (2)(a) of this section,— (a) The examination must be recorded in writing; and (b) The person examined must sign the record. (4) Subject to any directions by the Court, a record of an examination under this section is admissible in evidence in any proceedings under this Part of this Act, section 383 of this Act, section 60A of the Securities Act 1978 , section 43F of the Securities Markets Act 1988 , or section 44F of the Takeovers Act 1993 . Subsection (4) was amended, as from 25 October 2006, by section 25 Securities Amendment Act 2006 (2006 No 46) by substituting the words “ , section 383 of this Act, section 60A of the Securities Act 1978, section 43F of the Securities Markets Act 1988, or section 44F of the Takeovers Act 1993 ” for the words “ or section 383 of this Act ” .

Official source: legislation.govt.nz

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