Pengurusan Danaharta Nasional Berhad Act 1998 · Updated to 1 Feb 2013 · Part VI · Management of Assets and Liabilities
37. Investigation of affairs
Official textFrom Laws of Malaysia Online, unchanged
The Special Administrator may require any of the persons specified in subsection (2), within twenty-one days thereof or such extended time as the Special Administrator may grant, to verify and submit to the Special Administrator a statement as to the affairs of the affected person in a form determined by the Special Administrator containing—
Special Administrator
“Special Administrator” means the person appointed under section 23 or 24;
the particulars of the affected person’s assets and liabilities;
the name and addresses of the creditors of the affected person;
the securities held by the creditors of the affected person referred to in paragraph (1)(b);
the dates when the securities referred to in paragraph (1)(c)
were given;
a statutory declaration made pursuant to the provisions of the Statutory Declarations Act 1960 [Act 13], declaring the information in the statement of affairs as being true and correct; and
such further or other information as may be required by the Special Administrator.
The Special Administrator may require the following persons to verify and submit the statement of affairs referred to in subsection (1):
persons who are or have been officers of the affected person;
Pengurusan Danaharta Nasional Berhad 43
persons who have taken part in the formation of the affected person at any time within two years prior to the appointment of the Special Administrator; or
persons who are in the affected person’s employment or have been in the affected person’s employment within two years before the appointment of the Special Administrator who, in the opinion of the Special Administrator, have knowledge of the information required.
The Special Administrator may at any time release a person from any obligation imposed on him under subsection (1) or (2).
The Special Administrator shall, on completion of his functions and duties under this Act, return to the affected person any books, statements, documents or anything referred to under subsection 36(1)
affected person
“affected person” means— (a) any company owing a duty or liability under a credit facility to the Corporation or any subsidiary of the Corporation, whether present, future, vested or contingent; (b) any subsidiary of the company referred to in paragraph (a); (c) any company which has provided security for the performance of or discharge of a duty or liability owed by any person to the Corporation or any subsidiary of the Corporation, whether present, future, vested or contingent; or Pengurusan Danaharta Nasional Berhad 31 (d) any company where at least two per cent of its share capital has been charged, pledged or mortgaged by any person to secure the performance of or discharge of a duty or liability owed by any person to the Corporation or any subsidiary of the Corporation, whether present, future, vested or contingent;
and sections 37 and 38.
In this section “employment” includes employment under a contract for services and “officer” includes a receiver, a receiver and manager, a provisional liquidator and a director (as defined in the
Companies Act 1965).
Any person who contravenes this section commits an offence and shall on conviction be liable to a fine not exceeding two hundred and fifty thousand ringgit or to imprisonment for a term not exceeding three years or to both.
Special Administrator’s rights to the books of the affected person
books
“books” includes a register, a document, an account or accounting records, however compiled, recorded or stored, and any other record of information;
Terms defined in this Act
affected person
Defined · s 21“affected person” means— (a) any company owing a duty or liability under a credit facility to the Corporation or any subsidiary of the Corporation, whether present, future, vested or contingent; (b) any subsidiary of the company referred to in paragraph (a); (c) any company which has provided security for the performance of or discharge of a duty or liability owed by any person to the Corporation or any subsidiary of the Corporation, whether present, future, vested or contingent; or Pengurusan Danaharta Nasional Berhad 31 (d) any company where at least two per cent of its share capital has been charged, pledged or mortgaged by any person to secure the performance of or discharge of a duty or liability owed by any person to the Corporation or any subsidiary of the Corporation, whether present, future, vested or contingent;
books
Defined · s 2“books” includes a register, a document, an account or accounting records, however compiled, recorded or stored, and any other record of information;
liabilities
Defined · s 2“liabilities” includes debts and obligations of every kind, whether present or future, or whether vested or contingent;
Special Administrator
Defined · s 2“Special Administrator” means the person appointed under section 23 or 24;
Part VII
Additional Rights
Part VIII
Application of Other Acts
Part IX
Application of the Act
Part X