(1) If a controller of property of a corporation:
- (a)
- who has made default
in making or lodging any return, account or other document or in giving any
notice required by law fails to make good the default within 14 days after the
service on the controller, by any member or creditor of the corporation or
trustee for debenture holders, of a notice requiring the controller to do so;
or
- (b)
- who has become a controller of property of the corporation otherwise than
by being appointed a receiver of such property by a court and who has, after
being required at any time by the liquidator of the corporation so to do,
failed to render proper accounts of, and to vouch, the controller's receipts
and payments and to pay over to the liquidator the amount properly payable to
the liquidator;
the Court may make an order directing the controller to make good the default
within such time as is specified in the order.
(2) An application under subsection (1) may be made:
- (a)
- if
paragraph (1)(a) appliesby a member or creditor of the corporation
or by a trustee for debenture holders; and
- (b)
- if paragraph (1)(b) appliesby the liquidator of the
corporation.