Section 134Part 5 — Company Restructuring and Winding UpAmended
Fraud, et c. in anticipation of winding up
←→ Navigate · Click subsection badges to collapse · Press ? for help
Amended by LG72/S3
Where a company is ordered to be wound up by the Court, or passes a resolution for voluntary winding up, any person, who is or was an officer, professional service provider, voluntary liquidator , restructuring offi cer or controller of the company and who, within the twelve months immediately preceding the commencement of the winding up, has —
concealed any part of the company ’ s property to the value of ten thousand dollars or more or concealed any debt due to or from the company;
removed any part of the company ’ s property to the value of ten thousand dollars or more;
concealed, destroyed, mutilated or falsified any documents affecting or relating to the company ’ s property or affairs;
made any false entry in any documents affecting or relating to the company ’ s property or affairs;
parted with, altered or made any omission in any document affecting or relating to the company ’ s property or affairs; or
pawned, pledged or disposed of any property of the company which has been obtained on credit and has not been paid for (unless the pawning, pledging or disposal was in the ordinary way of the company ’ s business), with intent to defraud the company ’ s creditors or contributories commits an offence and is liable on conviction to a fine and to imprisonment for five years.
In this section — “ officer ” includes a shadow director.