liquidator includes a provisional liquidator.
- (1)
- Where:
- (a)
- it appears to the Court or to the Commission that a
liquidator has not faithfully performed or is not faithfully performing his or
her duties or has not observed or is not observing:
- (i)
- a
requirement of the Court; or
- (ii)
- a requirement of this Law, of the regulations or of the rules;
or
- (b)
- a complaint is
made to the Court or to the Commission by any person with respect to the
conduct of a liquidator in connection with the performance of his or her
duties;
the Court or the Commission, as the case may be, may inquire
into the matter and, where the Court or the Commission so inquires, the Court
may take such action as it thinks fit.
- (2)
- The
Commission may report to the Court any matter that in its opinion is a
misfeasance, neglect or omission on the part of the liquidator and the Court
may order the liquidator to make good any loss that the estate of the company
has sustained thereby and may make such other order or orders as it thinks
fit.
- (3)
- The Court may at any time require a liquidator to answer any
inquiry in relation to the winding up and may examine the liquidator or any
other person on oath concerning the winding up and may direct an investigation
to be made of the books of the liquidator.
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