Bookkeeper to assist Liquidator

Bookkeeper to assist Liquidator

Bookkeeper to assist Liquidator under Section 236 of the Insolvency Act 1986: Wallace v Wallace [2019] EWHC 2503 (Ch) https://lnkd.in/dmexBpd:

“Mr Wallace is not a third party at some remove from the Company’s business. He is not in a position analogous to the third party bank in MacKinnon. As bookkeeper, he was an important part of the Company’s operations. It seems that he, and no-one else, has or may have documents and information which are critical to the Liquidator properly administering the winding-up of the Company. Indeed, it is difficult to see how the winding-up can proceed without access to the information and documents he is presumed to have. It seems to me that a person who takes on the role of bookkeeper to an English company, and in that capacity has possession of the company’s books and records, cannot complain that an order requiring him to make those books and records available on a winding-up involves any excess of jurisdiction by the English Court. The Court on those facts has an entirely legitimate interest in regulating his conduct abroad, and in requiring him to make such documents and information available to the Liquidator.”

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