• Section 6: Section 6: Cooperation with Officeholder

    • Article 146 - Getting in the Company's property

      (1) Where any person has in his possession or control any property, books, papers or records to which the Company appears to be entitled, the QFC Court may, on application by an officeholder, require that person forthwith (or within such period as the QFC Court may direct) to pay, deliver, convey, surrender or transfer the property, books, papers or records to the officeholder.
      (2) Where the officeholder:
      (A) seizes or disposes of any property which is not property of the Company; and
      (B) at the time of seizure or disposal believes, and has reasonable grounds for believing, that he is entitled (whether in pursuance of an order of the QFC Court or otherwise) to seize or dispose of that property
      the officeholder is not liable to any person in respect of any loss or damage resulting from the seizure or disposal (except in so far as that loss or damage is caused by the officeholder's own negligence), and has a lien on the property, or the proceeds of its sale, for such expenses as were incurred in connection with the seizure or disposal.

    • Article 147 - Duty to co-operate with officeholder

      (1) Each of the persons mentioned in Article 147(2) shall:
      (A) give to the officeholder such information concerning the Company and its promotion, formation, business, dealings, affairs or property as the officeholder may reasonably require;
      (B) produce to the officeholder any books, papers or records in his possession relating to the Company or to any such dealings; and
      (C) attend on the officeholder at such times as the latter may reasonably require.
      (2) The persons referred to in Article 147(1) are:
      (A) those who are or have at any time been officers of the Company;
      (B) those who have taken part in the formation of the Company at any time within one year before the effective date;
      (C) those who are in the employment of the Company, or have been in its employment (including employment under a contract for services) within that year, and are in the officeholder's opinion capable of giving information which he requires;
      (D) those who are, or have within that year been, officers of, or in the employment (including employment under a contract for services) of, another body corporate which is, or within that year was, an officer of the Company in question; and
      (E) in the case of a Company being wound up by the QFC Court, any person who has acted as provisional Liquidator or Liquidator of the Company.
      (3) Where a person to whom this Article applies fails to comply with its provisions, that person commits a contravention and shall be liable to a financial penalty.

    • Article 147A - Inquiry into Company's dealings

      (1) The QFC Court may on application of the office holder, summon to appear before it:
      (A) any officer of the Company;
      (B) any person known or suspected to have in his possession any property of the company or supposed to be indebted to the Company; or
      (C) any person whom the office holder thinks capable of giving information concerning the promotion, formation, business, dealings, affairs or property of the Company.
      (2) The QFC Court may require any such person as is mentioned in subsection (A) to (C) to submit to the QFC Court an account of his dealings with the Company or produce any books, papers or other records in his possession or under his control relating to the Company.