Section 484. Submission of statement of affairs of company

(1) A statement as to the affairs of the company as at the date of the winding up order showing—

(a) the particulars of its assets, debts and liabilities;

(b) the names and addresses of its creditors;

(c) the securities held by the creditors respectively;

(d) the dates when the securities were respectively given; and

(e) such further information as is prescribed or as the liquidator requires,

shall be made by one or more persons in subsection (2) and verified in the manner as may be determined by the Registrar and submitted to the liquidator.

(2) The statement in subsection (1) shall be made and submitted by one or more of the persons who are at the date of the winding up order, the directors and by the secretary of the company, or by any of the following persons as the liquidator may require, subject to the direction of the Court:

(a) a person who is or has been an officer of the company;

(b) a person who has taken part in the formation of the company, at any time within one year before the date of the winding up order; or

(c) a person who is or has been within that period, officers of or in the employment of a corporation which is, or within that period was, an officer of the company to which the statement relates.

(3) The statement in subsection (1) shall be submitted within fourteen days from the date of the winding up order or within such extended time as the liquidator or the Court for special reasons specified.

(4) Within seven days from the receipt of the statement in subsection (2)—

(a) the liquidator including the Official Receiver shall cause a copy of the statement to be filed with the Court and lodged with the Registrar; and

(b) where the Official Receiver is not the liquidator, the liquidator shall cause a copy of the statement to be lodged with the Official Receiver.

(5) Any person making or concurring in making the statement required by this section may, subject to the rules, be allowed and be paid out of the assets of the company such costs and expenses incurred in the preparation and the making of the statement as the liquidator considers reasonable subject to an appeal to the Court.

(6) Any person who contravenes the requirements of this section commits an offence and shall, on conviction, be liable to imprisonment for a term not exceeding three years or to a fine not exceeding one hundred thousand ringgit or to both and in the case of a continuing offence, to a further fine not exceeding five hundred ringgit for each day during which the offence continues after conviction.

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