Section 15: Management of company during inquiry period

1) Notwithstanding anything contained in the laws in force, the board of directors of the company shall carry out the management and ordinary transactions of the company during the period of inquiry of insolvency proceedings under the regular supervision of the inquiry official.

2) Notwithstanding anything contained in sub-section (1), where the inquiry officer submits to the Court a report indicating that the board of directors of the company has not operated the company properly, the Court may issue an order to remove the board of directors and order the inquiry officer to carry out the management and ordinary transactions of the company.

3) Where the Court orders the inquiry officer to carry out the management and ordinary transactions of the company pursuant to sub-section (2), the inquiry officer shall carry out the transactions accordingly.

4) Where any special transaction such as the sale of the assets or business of the company shall be carried out in the course of operating the ordinary business of the company pursuant to sub-section (3), an application setting out the reason therefor shall be made to the Court for permission, and where the Court issues an order granting such permission, the inquiry officer may carry out such transaction.

¹5) If at the time of making an application in accordance with sub-section (4), fifty percent or more of the total assets of the company are to be sold, then a decision in this regard shall be taken by the assembly or group of moneylenders and a certified copy of such decision shall be submitted along with the application.

^{1 Amendment to the Prevention of Money Laundering and Promotion of Business Environment Act, 2080.}