Section 375: Conduct and performance of Insolvency Practitioners

375. Conduct and performance of Insolvency Practitioners (1) The Director shall keep under review the conduct and performance of persons appointed to be Insolvency Practitioners and may require any document or information concerning an Insolvency Practitioner to be provided to the Director by the Official Receiver or by the Court or the Registrar of Companies or by any other Insolvency Practitioner or by any person who is or has been an auditor of a company in which the Insolvency Practitioner has held office. (2) (a) The Director may receive representations from any person on the conduct and performance of an Insolvency Practitioner and shall within 7 days of receiving any such representation disclose the substance of that representation to the Insolvency Practitioner and seek comment on it. (b) Any representation made to the Director under subsection (2) (a) and any communication of the terms of that representation made in confidence shall be protected by absolute privilege. (3) Where the Director has reasonable ground to suspect that an Insolvency Practitioner has failed to comply with a provision of this Act in a manner which has or may materially affect creditors or contributories or persons dealing in good faith with a debtor, or that the Insolvency Practitioner has been suspended or removed from the practice of accountancy or law or the practice of a company secretary by a professional body in Mauritius or by a comparable body outside Mauritius, the Director may inquire into the conduct of the Insolvency Practitioner. (4) For the purposes of an inquiry under subsection (3), the Director may, by notice in writing, require a director or shareholder of a company or any other person including the secretary of any relevant professional body to deliver to the Director such books, records or documents of the company in that person’s possession or under that person’s control that are relevant to the subject matter of the inquiry as the Director requires. (5) The Director may, for the purposes of an inquiry under subsection (3), by notice in writing require— (a) a director or former director of a company; (b) a shareholder of a company; (c) a person who was involved in the promotion or formation of a company; [Issue 3] I14 – 202 Revised Laws of Mauritius (d) a person who is, or has been, an employee of a company; (e) a receiver, liquidator, administrator, accountant, auditor, bank officer or other person having knowledge of the affairs of a company; or (f) a person who is acting or who has at any time acted as an attorney for a company, to do any of the things specified in subsection (6). (6) A person referred to in subsection (5) may be required to— (a) attend on the Director at such reasonable time and at such place as may be specified in a request; (b) provide the Director with such information about the business, accounts, or affairs of the company as the Director requests; (c) be examined on oath by the Director or by a law practitioner acting on behalf of the Director on any matter relating to the business, accounts or affairs of the company; (d) assist the Director to the best of the person’s ability. (7) The Director may pay to a person referred to in subsection (5) (c), (d) or (f), not being an employee of the company, reasonable travelling and other expenses in complying with a requirement of the Director under subsection (6). (8) No action or proceeding, including disciplinary proceedings by any professional tribunal, body or a on behalf of the Director on any matter relating to the business, accounts or affairs of the company; (d) assist the Director to the best of the person’s ability. (7) The Director may pay to a person referred to in subsection (5) (c), (d) or (f), not being an employee of the company, reasonable travelling and other expenses in complying with a requirement of the Director under subsection (6). (8) No action or proceeding, including disciplinary proceedings by any professional tribunal, body or authority having jurisdiction in respect of professional conduct, shall lie against any person arising from disclosure in good faith of information to the Director pursuant to this section.