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| SECTION M - INVESTIGATION BY ADMINISTRATORS |
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(a) In relation to each type of insolvency procedure available
in the legal system of this economy, what powers are given to,
or duties imposed upon, each type of administrator to investigate,
discover and report to a Court or to regulatory authorities of
the government any breaches of the law by former management of
the corporate debtor?
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Where the court has before it a business reorganization petition
but a planner has not yet been appointed, the powers and duties
of the debtor's executive in managing the business and assets
shall cease.
When the court has ordered the debtor to be placed under receivership,
the administration of the corporate debtor may be terminated.
In such a situation, the receiver will manage and dispose of the
assets of the debtor, or do any necessary act to complete any
pending business of the debtor.
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(b) What methods are available to each type of administrator
to exercise such powers or discharge such duties? (for example
examinations of directors, powers to inspect books and records,
obligations to report to government authorities.)
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The debtor, the creditors, or the receiver by the approval
of the court may initiate the termination of each type of insolvency
procedure.
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(c) On what grounds may each type of
insolvency procedure be terminated?
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Upon application by an interested person or the receiver, the
court is empowered to order the termination of the bankruptcy
action in any of the following cases:
1) The receiver is unable to proceed for the benefit of the creditors
as a whole because the petitioning creditor does not assist or
refuses to pay fees or expenses or to deposit a guarantee bond
as demanded by the receiver, and no other creditor is able and
willing to do so.
2) The debtor should not be adjudged a bankrupt.
3) The debts of the bankrupt have been paid in full.
4) When the receiver has made the final distribution, or when
there are no more assets for distribution amongst the creditors,
and during the following ten year period, the receiver has not
been able to collect any further assets of the bankrupt person,
and no creditor has asked the receiver to arrange for the collection
of any assets of the bankrupt person.
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(d) What are the consequences for the corporate debtor
of termination of the insolvency procedure? (For example to whom
does control of the debtor revert following termination of the procedure;
or if the debtor no longer exists, what are the procedures for and
consequences of its dissolution?)
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An order to terminate the bankruptcy because the petitioning
creditor does not assist or refuses to pay fees or expenses or to
deposit a guarantee bond as demanded by the receiver and no other
creditor is capable and willing to do so within one month from the
date when the petitioning creditor objected to or omitted to do
so and because the debtor should not be adjudged a bankrupt shall
not release the debtor from liability for debts in any way. Upon
such termination, if the debtor still exists, the power to control
the debtor's business shall revert to its director or its executive.
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