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428.   Power to summon persons suspected of having property of company

Revised Laws of Saint Lucia (2022)

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428.   Power to summon persons suspected of having property of company

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    (1)   The court may, at any time after the appointment of a provisional liquidator or the making of a winding-up order, summon before it any officer of the company or person known or suspected to have in his or her possession any property of the company, or supposed to be indebted to the company, or any person whom the court deems capable of giving information concerning the promotion, formation, trade, dealings, affairs, or property of the company.

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    (2)   The court may examine him or her on oath concerning the matters mentioned in subsection (1), either by word of mouth or on written interrogatories, and may reduce his or her answers to writing and require him or her to sign them, and any writing so signed may be used in evidence in any legal proceedings against him or her.

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    (3)   The court may require him or her to produce any books and papers in his or her custody or power relating to the company, but where he or she claims any lien on books or papers produced by him or her, the production shall be without prejudice to that lien, and the court shall have jurisdiction in the winding-up to determine all questions relating to that lien.

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    (4)   If any person so summoned, after being tendered a reasonable sum for his or her expenses, refuses to come before the court at the time appointed, not having a lawful impediment (made known to the court at the time of its sitting, and allowed by it), the court may cause him or her to be apprehended and brought before the court for examination.

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