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Section 612 Companies and Allied Matters Act (CAMA) 2020

Section 612 CAMA 2020

Section 612 Companies and Allied Matters Act is about Power to summon persons suspected of having property of company,etc. It is under Chapter 21 (Winding-up by the court jurisdiction) of the Act.

(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 possession any property of the company or supposed to be indebted to the company, or any person who the court deems capable of giving information concerning the promotion, formation, trade, dealings, affairs or property of the company.

(2) The Court may examine on oath any person summoned concerning the matters under subsection (1) either by word of mouth or on written interrogatories, reduce his answers to writing and require him to sign them.

(3) The Court may require any person summoned under subsection (1),to produce books and papers in his custody or power relating to the company but, where the person claims a lien on books or papers produced by him, the production is without prejudice to the lien, and the court shall have jurisdiction in the winding-up to determine all questions relating to that lien.

(4) If a person summoned under subsection (1), after being tendered a reasonable sum for his expenses, refuses to come before the Court at the time appointed, not having lawful impediment (made known to the Court at the time of its sitting and allowed by it), the Court may cause him to be apprehended and brought before the Court for examination.

See also  Section 716 Companies and Allied Matters Act (CAMA) 2020

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