Paragraph 3 Misfeasance by a 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 duty 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.