Paragraph 29 Misfeasance by foreign representative

(1)

The court may examine the conduct of a person who—

(a)

is or purports to be the foreign representative in relation to a debtor; or

(b)

has been or has purported to be the foreign representative in relation to a debtor.

(2)

An examination under this paragraph may be held only on the application of—

(a)

a British insolvency officeholder acting in relation to the debtor;

(b)

a creditor of the debtor; or

(c)

with the permission of the court, any other person who appears to have an interest justifying an application.

(3)

An application under sub-paragraph (2) must allege that the foreign representative—

(a)

has misapplied or retained money or other property of the debtor;

(b)

has become accountable for money or other property of the debtor;

(c)

has breached a fiduciary or other duty in relation to the debtor; or

(d)

has been guilty of misfeasance.

(4)

On an examination under this paragraph into a person's conduct the court may order him—

(a)

to repay, restore or account for money or property;

(b)

to pay interest;

(c)

to contribute a sum to the debtor's property by way of compensation for breach of duty or misfeasance.

(5)

In sub-paragraph (3) “foreign representative” includes a person who purports or has purported to be a foreign representative in relation to a debtor.