Companies Act 2014 section 442

Enforcement of duty of receivers to make returns

Section 442 provides a mechanism for the court to compel a receiver of a company's property to comply with their legal obligations to file returns, deliver documents, render accounts, and make proper payments.

• Where a receiver fails to file, deliver, or make any legally required return, account, document, or notice — and does not rectify this within 14 days of being served notice — the court may order the receiver to make good the default within a specified time
• Where a receiver appointed under an instrument fails to provide proper accounts of receipts and payments, vouch for those transactions, or pay over amounts properly due to the liquidator when requested, the court may similarly intervene
• For filing and delivery defaults, any member or creditor of the company or the Registrar may apply to court; for failures relating to accounts and payments to the liquidator, only the liquidator may apply
• In either case, the court order may require the receiver to bear all costs of and incidental to the application, and this section does not affect any other penalties that may be imposed on the receiver under other laws

---