# The Cross-Border Insolvency Regulations 2006, 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.

---
Source: https://www.legislation.gov.uk/uksi/2006/1030/schedule/2/paragraph/29 (the official version)
Page: https://openlegislation.uk/cross-border-insolvency-regulations-2006/schedule-2/paragraph-29
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.