08.03.2013 Views

BRITISH VIRGIN ISLANDS - Mossack Fonseca & Co.

BRITISH VIRGIN ISLANDS - Mossack Fonseca & Co.

BRITISH VIRGIN ISLANDS - Mossack Fonseca & Co.

SHOW MORE
SHOW LESS

Create successful ePaper yourself

Turn your PDF publications into a flip-book with our unique Google optimized e-Paper software.

Definition of<br />

“inspector”.<br />

Investigation<br />

order.<br />

141<br />

to the dissolution of the company, the rights, interests and<br />

liabilities of the company in or in respect of the property<br />

disclaimed; and<br />

(b) does not, except so far as is necessary to release the<br />

company from liability, affect the rights or liabilities of any other<br />

person.<br />

(7) A person suffering loss or damage as a result of a disclaimer under<br />

this section<br />

(a) shall be treated as a creditor of the company for the amount<br />

of the loss or damage, taking into account the effect of any<br />

order made by the <strong>Co</strong>urt under subsection (8); and<br />

(b) may apply to the <strong>Co</strong>urt for an order that the disclaimed<br />

property be delivered to or vested in that person.<br />

(8) The <strong>Co</strong>urt may, on an application made under subsection (7)(b), make<br />

an order under that paragraph if it is satisfied that it is just for the<br />

disclaimed property to be delivered to or vested in the applicant.<br />

PART XIII<br />

INVESTIGATION OF COMPANIES<br />

222. In sections 223 to 228, “inspector” means an inspector appointed by an<br />

order made under section 223(2).<br />

223. (1) A member or the Registrar may apply to the <strong>Co</strong>urt ex parte or upon<br />

such notice as the <strong>Co</strong>urt may require, for an order directing that an<br />

investigation be made of the company and any of its affiliated companies.<br />

(2) If, upon an application under subsection (1), it appears to the <strong>Co</strong>urt that<br />

(a) the business of the company or any of its affiliates is or has<br />

been carried on with intent to defraud any person;<br />

(b) the company or any of its affiliates was formed for a fraudulent<br />

or unlawful purpose or is to be dissolved for a fraudulent or<br />

unlawful purpose; or<br />

(c) persons concerned with the incorporation, business or affairs<br />

of the company or any of its affiliates have in connection<br />

therewith acted fraudulently or dishonestly;<br />

AE/ET/Pub./bg/03.2007

Hooray! Your file is uploaded and ready to be published.

Saved successfully!

Ooh no, something went wrong!