3. As a director of the company, I have just received a court order directing me to attend a public examination. Do I have to attend? What happens at the hearing?
You have to attend the publication examination hearing.
According to Rule 56 of the Companies (Winding-up) Rules: “If any person who has been directed by the court to attend for public examination fails to attend at the time and place appointed for holding or proceeding with the same, and no good cause is shown by him for such failure, it shall be lawful for the court, upon its being proved to the satisfaction of the court that notice of the order and of the time and place appointed for attendance at the public examination was duly served, without any further notice, to issue a warrant for the arrest of the person required to attend, or to make such other order as the court shall think just”.
At the hearing, you may be asked questions concerning the promotion, formation and the conduct of the business of the company, and also your conduct and dealings as a director of the company.
You will be required to answer the questions on oath. You are recommended to obtain legal advice before attending the hearing, or to instruct a lawyer to present with you during the hearing.
The Official Receiver or the Liquidator (or their legal representatives) will take part in the examination.